According to the records, the defendant appealed against the judgment of the first instance, and argued mistake of facts and misapprehension of legal principles as well as unfair sentencing as grounds for appeal, but has withdrawn all other arguments except the allegation of unfair sentencing on the first trial of the lower court.

In such a case, the argument that the lower court erred by misapprehending the legal principles cannot be a legitimate ground for appeal.

In addition, the argument that the judgment of the court below contains an error of misconception of facts as to the circumstances which are conditions for sentencing is ultimately an unreasonable sentencing argument.

However, under 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 not less 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 punishment

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