The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning is just and there is no error of misconception of facts or misapprehension of legal principles as to

Meanwhile, the argument that the court below erred by misapprehending the legal principles as to "injury" in the crime of rape and injury shall not be a legitimate ground of appeal, as alleged in the ground of appeal by the defendant, or by its authority, that the court below did not consider it as a ground of appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where a more minor sentence has been imposed on the defendant, an appeal is not allowed to be

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