The appeal is dismissed.

The grounds of appeal are examined.

Since a final appeal is a follow-up trial on the decision of the appellate court, matters not subject to a review in the appellate court are not different from the scope of the trial in the final appeal, and thus, it shall not be deemed as the grounds for final appeal for reasons other than those which the defendant did not assert as grounds for appeal in the appellate

(See Supreme Court Decision 2006Do2104 Decided June 30, 2006, and Supreme Court Decision 2008Do3808 Decided July 24, 2008, etc.). The assertion that the lower court erred by misapprehending the legal principles as to mistake of the respondent is erroneous in the judgment of the lower court, the lower court’s assertion that the lower court’s error in the misapprehension of the legal principles as to mistake of the respondent is not subject to adjudication is merely a final appeal by the Defendant against the matters not subject to adjudication, which

Furthermore, even if examining the record, the lower court cannot be deemed to have erred by misapprehending the legal doctrine on 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.