According to the records, the defendant appealed against the judgment of the court of first instance, and argued mistake of facts and unreasonable sentencing as the grounds for appeal, but only withdrawn the allegation of mistake of facts on the first trial date of the court below and left the court of first trial.

In such a case, the argument that the judgment of the court below erred in the misapprehension of the legal principle or omission of judgment as to co-principal cannot be 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.