The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the Defendant asserted mental and physical disability along with the allegation of unfair sentencing in the statement of grounds for appeal, and the Defendant did not state the above grounds for appeal on the first trial date of the lower court and did not withdraw his claim of mental and physical disability, and the lower court, deeming the Defendant’s grounds for appeal only as the allegation of unfair sentencing and dismissed the Defendant’s appeal without determining

However, even after examining the record, the defendant cannot be deemed to have reached a state of mental disorder due to drinking, etc. at the time of the crime of this case, and such omission of judgment does not affect the conclusion of the judgment.

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 sentencing of

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