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first instance, and argued mental and physical disorder along with the sentencing unfair on the grounds of appeal, but withdrawn the grounds for appeal as to mental and physical disorder on the first trial date of the court below.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

On the other hand, the defendant asserts that the defendant's defense right was infringed due to lack of sufficient assistance of counsel in the court below's trial procedure on the grounds of appeal.

However, even after examining the record, there was an infringement of the defendant's right of defense in the trial of the court below.

shall not be deemed to exist.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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