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of first instance and claimed a misapprehension of the legal principle as well as the grounds of unfair sentencing, but withdrawn the grounds of appeal for misapprehension of the legal principles on the second trial date of the court below and left the grounds of unfair sentencing.

In such a case, the argument that the lower court erred by mistake or misapprehension of legal principles as to an order to notify disclosure cannot be a legitimate ground for appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

In addition, examining various circumstances, such as the age, behavior intelligence and environment of the defendant, the motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the determination of the sentence of the court of first instance that upheld the judgment of the court of first instance that sentenced the defendant for ten years, even if considering the circumstances asserted by the defendant and the public defender, cannot be deemed as significantly unfair.

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