According to the records, while appealed against the judgment of the first instance, the defendant asserted mistake of facts and misapprehension of legal principles as the grounds for appeal along with unfair sentencing, but at the fifth trial of the lower court, the defendant withdrawn the allegation of mistake of facts and misapprehension of legal principles, and only left the grounds for unfair sentencing as grounds for appeal.

In such a case, the argument that the lower court erred by mistake and misapprehension of legal principles cannot be a legitimate ground of appeal.

Furthermore, even if the record is examined in light of the relevant legal principles, it cannot be viewed that the lower judgment erred as alleged in the grounds of appeal.

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