The appeal is dismissed.

The grounds of appeal are examined.

According to the records, in the statement of grounds of appeal, the Defendant asserted mistake of facts as to the mental disorder and obstruction of performance of official duties, along with the assertion of unfair sentencing, and on the trial date of the lower court, the Defendant only withdrawn the aforementioned assertion of mistake of facts on the trial date, and did not clearly withdraw the assertion of mental disorder, the lower court deemed the Defendant’s grounds of appeal as the assertion of unfair sentencing, and dismissed Defendant

However, even after examining the record, it is recognized that the defendant was not in a state of mental disorder due to drinking at the time of the crime of this case, and such omission of judgment by the court below does not affect the conclusion of the judgment.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.