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The summary appeal is dismissed.
Reasons
The summary grounds of appeal are examined.
According to Article 372 of the Criminal Procedure Act, a non-permanent appeal may be filed only when the facts recognized by the judgment of the court of first instance are not applicable, when there is an error in the application of statutes, or when there is a abolition, alteration or amnesty of punishment after the judgment of the court of first instance is rendered, and when there is an error in the application of statutes, it refers to the case where the court of first instance misleads the application of statutes on the premise that
(See Supreme Court Decision 2006Do9338 Decided March 15, 2007). However, the grounds asserted by a state appointed defense counsel are to the effect that the state of mental disorder at the time of the instant crime is exempted from liability or medical treatment and custody is subject to a reduction or exemption, and that the first instance court’s sentencing is unreasonable by significantly deviating from the sentencing discretion, and this does not constitute a lawful and summary ground for appeal.
Therefore, the summary appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.