According to the records, the defendant appealed against the judgment of the court of first instance, and asserted mental and physical disorder along with unfair sentencing as the grounds for appeal, but withdrawn the grounds for appeal as to mental and physical disorder during the first trial of the court below.

In such a case, the lower court erred by misapprehending the facts concerning mental illness.

The assertion that there is an error in the misapprehension of legal principles as to abuse of authority to institute a public prosecution is not a legitimate ground for appeal.

Examining the following circumstances, considering the Defendant’s age and behavior environment, the motive, means, and consequence of the instant crime, and the circumstances after the instant crime, etc., the lower court cannot be deemed to have sentenced 17 years of imprisonment to the Defendant, even considering the circumstances asserted in the grounds of appeal 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.