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first instance, and asserted mental and physical disability along with unfair sentencing as the grounds for appeal, but withdrawn the grounds for appeal as to mental and physical disorder during the first trial of the court below.

In such a case, the argument that the judgment below did not recognize mental disorder is not a legitimate ground for appeal.

In addition, 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 each of the instant crimes, etc., the determination of the lower court’s sentence that sentenced the Defendant to 17 years of imprisonment cannot be deemed to be extremely unfair.

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