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.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, as long as the defendant alleged only the unfair sentencing on the ground of appeal, it cannot be deemed that the court below did not ex officio decide on the circumstances other than sentencing as alleged in the grounds of appeal, and thus, it cannot be deemed that the court below erred by violating the law as to Article 364(2) of the Criminal Procedure Act. The grounds of appeal to the effect that the court below

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