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 only unfair sentencing on the grounds of appeal, but only on August 31, 2018, after the deadline for filing an appeal was not timely filed, the defendant alleged mistake of facts on the grounds of appeal.

Therefore, the Defendant’s assertion of mistake of facts is limited to the case after the lapse of the period for filing an appeal, and it is not a legitimate ground for appeal, and it cannot be deemed that such assertion constitutes an ex officio investigation under the proviso of Article 361-4(1) of the Criminal Procedure Act.

Therefore, there is a violation of the duty to explain, the trial failure, the failure of judgment, the omission of judgment, the misapprehension of legal principles, etc. in the judgment of the court below which did not

subsection (b) of this section.

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