Since the criminal appeal trial structure does not have only the nature as an ex post facto trial, it is possible for the appellate court to amend the bill of indictment. Thus, just because the appellate court permitted such changes, the defendant was deprived of the opportunity to receive the judgment of the first instance court, and thus, the defendant violated the right to receive the judgment of the first instance court under the Constitution or was disadvantaged in exercising his/her right

(1) In light of the relevant legal principles and records, the court below’s decision that permitted the prosecutor’s application for changes in indictment, which included the facts charged as a whole in the original facts charged, did not err by infringing the defendant’s right to trial and defense against the defendant, contrary to what is 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.