According to the records, the defendant appealed against the judgment of the court of first instance, and argued mistake of facts as well as unfair sentencing, but withdrawn the grounds for appeal for mistake of facts on the second trial of the court below.

In such cases, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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