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 mental and physical disability as the grounds for appeal along with unreasonable sentencing.

In such a case, the argument that the lower court erred by mistake of facts, incomplete deliberation, and violation of the rules of evidence cannot be a legitimate ground for appeal.

Meanwhile, examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds as stated in its reasoning.

In addition, 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 amount of 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.