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and asserted mental and physical disability along with the grounds for appeal on the grounds of unfair sentencing, but withdrawn the grounds for appeal on mental and physical disorder during the first trial of the court below, and left the grounds for appeal only as the grounds for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

In such a case, the argument that the lower court erred in the misapprehension of legal principles as to mistake of facts, mental or physical disorder, or crime of interference with business is not a legitimate ground for appeal, and the lower court’s failure to render judgment as to the allegation of mental or physical disorder not included in the grounds for appeal cannot be deemed as omitting judgment in violation of

Furthermore, even if we examine ex officio the judgment of the court below, it does not seem that there is no illegality that may affect the judgment, as argued by the public defender.

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