The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected the allegation of mental and physical weakness while maintaining the first instance judgment that found the Defendant guilty of causing bodily injury among the facts charged in this case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on physical and mental weakness.

The argument that the judgment of the court below erred in the misapprehension of the facts as to the establishment of the crime of death resulting in bodily injury is not a legitimate ground for appeal, since the defendant has withdrawn it as a ground for appeal and the court below did not have any such a ground for judgment ex officio.

In addition, according to Article 383 (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 is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate appeal.

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