The appeal is dismissed.

The grounds of appeal are examined.

According to the records, while appealed against the judgment of the court of first instance, the Defendant asserted that the sentencing was unfair on the grounds of appeal, and that there was a mistake or misunderstanding of the legal principles as to the injury among the facts charged in the instant case, but withdrawn the grounds for appeal as to the mistake or misunderstanding of the above facts at the first trial date of the court below.

In such a case, the lower court’s assertion that there was an error of mistake in the fact of injury among the facts charged in the instant case is not a legitimate ground for appeal.

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