Except in cases where the entry in the trial record is clearly clerical error, the entry in the trial record as the litigation procedure on the trial date shall be proven only by the protocol, and its probative value is not allowed by any material other than the trial record (see, e.g., Supreme Court Decisions 96Do173, Apr. 9, 1996; 2002Do2134, Jul. 12, 2002). According to the records, the defendant and his defense counsel were given the opportunity to submit evidence on the first trial date of the original trial, and after the final pleadings and the defendant’s final statements were made, it can be seen that the entry is made in the trial record as the conclusion of pleadings.

Since there is no evidence to regard the entry as an obvious clerical error, the grounds for appeal disputing the contents of the trial protocol shall not be accepted.

The Defendant appealed against the judgment of the first instance court, and asserted only unfair sentencing on the grounds of appeal, and the lower court did not ex officio decide on the matters alleged in the grounds of appeal.

In such a case, the lower court’s assertion that the violation of the principle of evidence trial is not a legitimate ground for appeal.

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