According to the records, while appealed from the judgment of the first instance, the defendant asserted a mistake of facts as well as the grounds for appeal on the grounds of unfair sentencing, but withdrawal of the grounds for appeal on mistake of facts during the third trial of the original instance, and only left the grounds for unfair sentencing as the 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 for appeal.

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