The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant alleged in the statement of grounds for appeal that the crime of this case was committed under the state that he lacks the ability or decision-making ability to discern things with mental disorder such as depression, etc., and did not clearly withdraw such assertion on the trial date of the court below. The court below determined that the defendant's grounds for appeal should be deemed to be unfair on the grounds of unfair sentencing, and dismissed the defendant's appeal without making any decision as to the claim for mental disability.

However, even after examining the record, it is recognized that the defendant was not in a state of mental disorder as at the time of the crime of this case, and thus, the omission of judgment by the court below does not affect the conclusion of the judgment.

In addition, 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 amount of punishment

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