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of the court of first instance, and asserted mental and physical disorder along with the grounds for appeal, but withdrawn his claim of mental and physical disorder during the first trial of the court below, and only left the grounds for unfair sentencing as the grounds for appeal.

In this case, the court below erred in the misapprehension of legal principles.

The argument that there is an error of law that does not recognize the mental disorder of the defendant does not constitute a legitimate ground for appeal, and the court below did not render a judgment as to whether or not the defendant has a mental disorder, and it cannot be said that the judgment was omitted.

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.