The appeal is dismissed.

The grounds of appeal are examined.

A person who has filed a statement of grounds for appeal may withdraw part of the grounds for appeal stated in the grounds for appeal on the court date, but if the grounds for appeal are withdrawn, it may be subject to a restriction that may not be deemed the grounds for appeal again. Thus, the withdrawal of the grounds for appeal

(2) The court below's decision on February 26, 2003 is justified and remanded to the court below for further proceedings consistent with this Opinion. The court below's decision on February 26, 2003 is justified and remanded to the court below for further proceedings consistent with this Opinion. The court below's decision on February 26, 2003 is justified and remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on July 26, 2003.

Examining such factual relations in light of the legal principles on the withdrawal of the grounds for appeal as seen earlier, it is difficult to view that the Defendant clearly withdrawn the allegation of mistake among the grounds for appeal.

Meanwhile, while the defendant cited facts in the grounds of appeal, in this case where a defendant was sentenced to imprisonment with labor for less than ten years, mistake of facts cannot be a legitimate ground of appeal, and the grounds of appeal lawfully withdrawn at the original court cannot be considered as the grounds of appeal again. Thus, the above grounds of appeal by the defendant can be deemed to be erroneous by misapprehending the legal principles on withdrawal of the grounds of appeal, or omitting judgment on the grounds of appeal by mistake

(See Supreme Court Decision 2010Do8477 Decided September 30, 2010). However, in light of the evidence duly admitted by the first instance court, the first instance court, maintained by the lower court, may be convicted of all of the facts charged in the instant case.