The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Even if examining the reasoning of the instant facts charged based on evidence, the lower court did not err by misapprehending the legal doctrine on mental and physical weakness by failing to exhaust all necessary deliberations as alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below is erroneous in infringing on the essential contents of the principle of balance between crimes and the principle of accountability is ultimately an unfair argument for sentencing.

Therefore, under Article 383(4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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