The judgment below is reversed, and the case is remanded to Busan High Court.

1. Judgment on the grounds of appeal

A. According to the record as to the grounds of appeal by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the Defendant appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds of appeal. In such a case, the lower judgment did not recognize mental and physical disorder.

The assertion that there is an error in the misapprehension of legal principles is not a legitimate ground for appeal.

In addition, examining the following circumstances: the Defendant’s age, criminal records, character and conduct, environment, relationship with the victim, motive and consequence of each of the instant crimes, and the circumstances after the commission of the crime, etc., even if considering the circumstances asserted by the Defendant, the determination of the sentence of the lower court that maintained the first instance judgment that sentenced the Defendant to life imprisonment cannot be deemed to be extremely unfair.

B. As to the grounds of appeal by the prosecutor, even where a sentence of death penalty or imprisonment with or without prison labor for an indefinite term or for not less than ten years has been imposed on the defendant, a prosecutor cannot file an appeal on the grounds that the sentence is extremely weak by interpretation of Article 383 subparagraph

(See Supreme Court Decisions 94Do1705 Decided August 12, 1994; 2010Do17829, 2010Do177 Decided April 28, 201, etc.) Article 9(8) of the former Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (amended by Act No. 11558, Dec. 18, 2012; hereinafter “Electronic Monitoring Act”) provides that “when a waiver or withdrawal of an appeal has been made against a judgment on a specific criminal case, a judgment on the request for attachment order shall be deemed as waiver or withdrawal of an appeal as to the specific criminal case,” and Article 9(5) of the same Act provides that “The judgment on the request for attachment order shall be deemed as a case on the request for the waiver or withdrawal of an appeal.”