The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts or by not recognizing mental or physical disorder is not a legitimate ground for appeal.

In addition, the argument that the judgment below erred in the misapprehension of legal principles without considering the sentencing conditions is ultimately an unfair ground for sentencing.

However, considering various circumstances, such as the Defendant’s age character and conduct, intelligence and environment, relationship with the victim, motive and consequence of each of the instant crimes, and circumstances after the commission of the crime, there are substantial grounds to recognize that the amount of punishment of the lower court, which maintained the first instance judgment that sentenced 10 years to the Defendant, was extremely unfair even when considering the circumstances asserted by the Defendant.

shall not be deemed to exist.

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