According to the records, in the statement of grounds of appeal, the Defendant asserted a mistake of facts as to obstruction of business among the facts charged in this case, and did not clearly withdraw his claim on the date of the first instance trial of the lower court. However, the lower court did not consider the Defendant’s grounds of appeal as the grounds of unfair sentencing only and did not render a judgment on the rejection thereof as to the mistake of facts.

However, according to the evidence duly adopted by the court of first instance, the court below's error of omission of judgment does not affect the conclusion of the judgment, since it can be found that the court of first instance guilty of obstruction of business among the facts charged in this case.

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