The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and asserted mistake of facts or misapprehension of legal principles as the grounds for appeal along with unfair sentencing, but withdrawn the grounds for appeal concerning mistake of facts or misapprehension of legal principles on the first trial of the court below.

In such a case, the argument that the lower court erred in mistake, misunderstanding of legal principles, or incomplete hearing cannot be a legitimate ground for appeal.

In addition, even if examining records, the court below did not err by violating the Criminal Procedure Act or omitting judgment in the trial proceedings, as alleged in the grounds of appeal.

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