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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
According to the records, the defendant appealed against the judgment of the court of first instance and asserted only mental and physical disorder and unreasonable sentencing for reasons of appeal.
In such cases, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.
Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.
In addition, considering the circumstances revealed in the records, such as the background leading up to the crime of this case, the method of crime, the behavior of the defendant before and after the crime of this case, and the circumstances after the crime of this case, it cannot be seen that the defendant was in the state of mental disorder or mental disorder at the time of the crime of this case. Thus, the judgment below did not recognize
In addition, the argument that Article 51 of the Criminal Act was violated due to the failure of the judgment of the court below to properly consider the conditions of sentencing constitutes an unreasonable sentencing argument.
However, under 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 not less 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 sentencing of the punishment
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.