The appeal is dismissed.

The grounds of appeal are examined.

According to the records, while appealed from the judgment of the first instance, the defendant asserted a mistake of facts or a misapprehension of the legal principle as well as the grounds for appeal on the grounds of unfair sentencing, but withdraws the grounds for appeal on the second trial of the original instance, and only left the grounds for unfair sentencing as the grounds for appeal.

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

The remaining grounds of appeal are not legitimate, as they are alleged in the grounds of appeal by the defendant or by the court below that they were not subject to a judgment ex officio.

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