The appeal is dismissed.

The grounds of appeal are examined.

1. According to the records, in the statement of grounds of appeal, the Defendant asserted that, under the influence of alcohol at the time of committing the instant crime, the mental and physical disorder and the lack of ability to discern things or make decisions, were alleged unfair sentencing. The Defendant stated the above statement of grounds of appeal on the date of the first trial of the lower court, and did not clearly withdraw the above assertion of mental and physical disorder. The lower court merely rejected the Defendant’s appeal by deeming the Defendant’s grounds of appeal as only the allegation of unfair sentencing

2. However, in full view of the evidence duly admitted by the first instance court maintained by the court below, it cannot be deemed that the defendant was in a state of mental disorder or mental disability at the time of committing the crime in this case, and it cannot be deemed that there was an error of not recognizing the mental disorder in the judgment of the court below, and such omission of judgment by the court below

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

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