According to the records, the defendant appealed against the judgment of the first instance, and argued mistake of facts as well as unfair sentencing as the grounds for appeal, but at the first trial of the lower court, withdrawn the assertion of mistake of facts as the grounds for appeal and claimed only unfair sentencing.

A person who has filed an appellate brief may withdraw part of the grounds for appeal stated in the appellate brief on the date of appellate trial, and in this case, the appellate court has no need to state its decision on the grounds for appeal that has been withdrawn in the grounds for appeal. Therefore, the appellate court did not render a decision on the grounds of mistake of facts that the appellate court did not have made a decision on the withdrawn grounds

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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