According to the records, while filing an appeal against the judgment of the first instance, the defendant asserted that the sentencing was unfair on the grounds of appeal, but the defendant revoked the grounds for appeal as to mistake of facts on the first trial date of the original judgment.

In such a case, the argument that the court below erred in the misapprehension of legal principles or infringed the defendant's right to defense in the court of first instance is not a legitimate ground for appeal.

In addition, even if the record is examined, the court below did not err by misapprehending the legal principles regarding the right to assistance of counsel in the state-owned defense counsel or by infringing on the defendant's right to defense.

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