The appeal is dismissed.

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court determined that the Defendant was not in a state of the ability to discern things or make decisions at the time of committing the instant crime, and rejected the Defendant’s allegation on the grounds of appeal.

The allegation in the grounds of appeal as to this part of the grounds of appeal is the purport of disputing the determination of facts by the court of fact-finding, and is merely an error of misapprehending the legal principles as to mental and physical disorder, as alleged in the grounds of appeal, even if examining the reasoning of the judgment below in light of the records, the court below did not err by misapprehending the legal principles as to the determination

In addition, in light of the reasoning of the judgment of the court below, the above assertion constitutes an unfair argument for sentencing, in the light of the reasons for appeal that there was an error of incomplete deliberation on the grounds for normal consideration in sentencing.

In full view of the various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age character and character, intelligence and environment, relationship with the victim, motive, means, and consequence of the instant crime, etc., even when considering the circumstances asserted by the Defendant and the national defense counsel, the determination of the sentence of the lower court that maintained the sentence against the Defendant is extremely unfair.

Meanwhile, the argument that the court of the first instance illegally seizes the goods owned by the defendant among the grounds for appeal is a new assertion in the grounds of appeal that the defendant either deemed the grounds for appeal or was not subject to the judgment ex officio.