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, while claiming mistake of facts, misapprehension of the legal principle or unreasonable sentencing as the grounds for appeal, but withdraws the grounds for appeal of mistake of facts and misapprehension of the legal principle on the second trial of the court below, and only left the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts or misunderstanding of legal principles is not a legitimate ground for appeal, and the lower court did not render a judgment on the allegation of mistake of facts or misunderstanding of legal principles, which is not included in the grounds for appeal, cannot be deemed to have omitted judgment in violation of Article 3

Furthermore, even if ex officio review the judgment of the court below, it does not seem to have any illegality that may affect the judgment by misunderstanding the legal principles on the statute of limitations as alleged in the judgment.

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