According to the records, the defendant appealed against the judgment of the court of first instance, and asserted only unfair sentencing as the grounds for appeal, and the judgment of the court of first instance does not seem to have any unlawful grounds affecting the judgment due to mistake of facts or misapprehension of legal principles. Therefore, the court below cannot be deemed to be unlawful to have decided ex officio on the mistake of facts or misapprehension

Therefore, we cannot accept the allegation in the ground of appeal that the lower court erred by misapprehending the legal principles as to Article 364(2) of the Criminal Procedure Act.

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