The appeal is dismissed.

The grounds of appeal are examined.

Examining the circumstances revealed in the record, such as the background leading up to the instant crime, the method of commission of the crime, the Defendant’s act before and after the commission of the crime, and the circumstances after the commission of the crime, etc., it is difficult to view that the Defendant was in a state of mental disorder or mental disorder even though the Defendant was in a state of drinking at the time of the instant crime.

Therefore, the judgment of the court below which did not recognize mental disorder does not err by misapprehending the legal principles on mental disorder, thereby affecting the conclusion of the judgment.

In addition, pursuant to 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 more 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.