The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant alleged a mistake of facts in the statement of grounds of appeal that he did not know about the victim's mental and physical condition along with the allegation of unfair sentencing, and even if he did not clearly withdraw such assertion on the date of the original trial, the court below held that the defendant's grounds of appeal only deemed the defendant's grounds of unfair sentencing and did not render any

However, according to the evidence duly adopted by the court of first instance, since the facts charged in this case can be recognized, there is no error of misconception of facts or misapprehension of legal principles in the judgment below, and such omission of judgment does not affect the conclusion of the judgment.

Meanwhile, under 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 sentencing of the punishment is unreasonable

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