The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance, and asserted a misapprehension of legal principles as well as unfair sentencing as the grounds for appeal, but withdrawn the grounds for appeal as to misapprehension of legal principles on the date of the first trial of the court below.

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

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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