According to the records, while filing an appeal against the judgment of the first instance, the Defendant asserted that the sentencing was unfair and erroneous on the grounds of the appeal, but the Defendant revoked the grounds for appeal as to mistake of facts and misunderstanding of legal principles on the second trial date of the lower court.

In such a case, the argument that the lower court erred in the misapprehension of the legal principles, such as the hearing failure, mistake of facts, and misunderstanding cannot be a legitimate ground for appeal.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age, character and conduct intelligence and environment, relationship with victims, motive means and consequence of the crime, and circumstances after the crime, the determination of the sentence of the lower court, which maintained the first instance judgment that sentenced the Defendant to 30 years of imprisonment, is extremely unfair even when considering the circumstances asserted by the Defendant.

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