The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Upon examining the reasoning in light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability, and there is no error of law as alleged in the grounds of appeal.

In addition, according to the records, the defendant appealed against the judgment of the first instance, and argued mistake of facts and misapprehension of legal principles as well as unfair sentencing as grounds for appeal, but withdrawn the grounds for appeal other than unfair sentencing on the first trial date of the original instance

In this case, the argument that the judgment of the court below contains an error of mistake or misunderstanding of legal principles shall not be a legitimate ground for appeal.

In addition, the court below's argument that there is an error in violation of the rules of evidence, incomplete deliberation, or misapprehension of legal principles constitutes an unfair sentencing argument.

However, 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.