The appeal is dismissed.

The grounds of appeal are examined.

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

In such a case, the argument that the court below erred in the misapprehension of legal principles cannot be a legitimate ground for appeal.

Examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior environment, relationship with the victim, motive, means and consequence of the instant crime, etc., even if considering the circumstances asserted in the grounds of appeal, it cannot be deemed that the lower court’s sentence of 12 years to the Defendant is extremely unfair.

The argument that it would be possible to receive medical treatment and custody shall not constitute a legitimate ground for 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.