According to the records, the defendant appealed against the judgment of the court of first instance, and asserted mental and physical disability along with the unfair sentencing as the grounds for appeal, but withdrawn the claim of mental and physical disability during the first trial of the court below and left the claim of unfair sentencing.

In such a case, the argument that the lower court erred by mistake of facts or by misapprehending the legal principles is not a legitimate ground of appeal, and even if ex officio examination is conducted, there is no error as otherwise alleged in the ground

In addition, the argument in the grounds of appeal that the public defender was not properly assisted in the trial proceedings of the court below is not acceptable in light of the content and degree of the defense activities conducted by the public defender in the court below as shown in the record

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