The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by rejecting the Defendant’s assertion regarding the mental disorder as alleged in the grounds of appeal.

Examining the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, and circumstances after the commission of the crime, etc. as indicated in the records, the sentencing of the lower court, which maintained the judgment of the first instance court that sentenced 10 years to the Defendant, even if considering the circumstances asserted in the grounds of appeal, cannot be deemed extremely unfair.

When filing an appeal against the judgment of the first instance court, the Defendant asserted an unreasonable sentencing and mistake of facts as well as mental and physical disorder, but withdrawn the grounds for appeal of mistake of facts on the second trial date of the original instance, and the lower court did not consider the matters alleged in the grounds for

In such a case, the argument that the lower court erred in mistake is not a legitimate ground of appeal.

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