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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Considering the circumstances indicated in the record, such as the background of the instant crime and the Defendant’s act before and after the instant crime, it is not deemed that the Defendant had a lack of ability to discern things or make decisions at the time of the instant crime.
We cannot accept the allegation in the ground of appeal that the lower court erred by misapprehending the legal principles as to mental disorder.
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 permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the
The remaining grounds of appeal are not asserted in the grounds of appeal that the defendant did not consider it as the grounds of appeal, or that the court below did not consider it as the subject of ex officio decision, and it cannot be a legitimate ground
Furthermore, even after examining the record, the lower court did not err by misapprehending the legal doctrine as asserted by the Defendant and the public defender.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.