According to the records, while appealed from the judgment of the first instance, the Defendant asserted mistake of facts, etc. as the grounds for appeal along with the grounds for appeal, but withdrawn the grounds for appeal such as mistake of facts, etc. as alleged in the second trial of the lower court, and left the grounds for unfair sentencing only.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles 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.