The defendant's appeal is dismissed.

1. In a new trial proceeding, the court cannot reverse the conviction by re-examination on the part of the facts constituting a crime for which there is no ground for retrial. However, in a final and conclusive judgment which found several concurrent crimes guilty, where it is recognized that there is a ground for request for retrial only for some of the facts constituting a crime among them, the decision to commence a new trial has to be made on the whole of the judgment. However, inasmuch as the effect of the decision to commence a new trial as to the facts constituting a crime for which there is no ground for retrial under the nature of the system of a new trial, which is an extraordinary remedy, is included in the scope of a trial formally, the court cannot reverse the conviction by re-examination on that part. However, since the new sentencing should be conducted on that part, only to the extent necessary for sentencing can be deliberated only because it is necessary for sentencing.

(1) As to the part of the crime of robbery, bodily injury, and false accusation, which have no ground for retrial among the judgment subject to a retrial, is to be deliberated only to the extent necessary for sentencing.

2. The summary of the grounds for appeal (excluding the grounds for appeal as to the portion of the charges of uninfinite accusation) of the lower court’s punishment (seven years of imprisonment) is too unreasonable.

3. The fact that the defendant recognized his mistake as to the crime of habitual larceny and injury to robbery, and the defendant's growth in the family environment in the second degree of mental retardation as a handicapped person in the second degree of the mental retardation, etc. should be favorable or considered to the defendant.

On the other hand, the defendant committed the crime of larceny and robbery continuously for a short time at the time when he was sentenced to criminal punishment several times due to larceny, and the defendant committed the crime of larceny and robbery at the time when he was sentenced to criminal punishment due to larceny.