The appeal is dismissed.

The grounds of appeal are examined.

The court of appeals shall judge without any need to examine whether the grounds for appeal are submitted if the appeal is lawful, or whether the grounds for appeal are included in the statement of reasons for appeal. However, with respect to non-reason for ex officio investigation, it may be subject to adjudication only where it is included in the petition of appeal or in the statement of reasons for appeal submitted within the prescribed period unless it is stated in the petition of appeal, and even if it is not included in the statement of reasons that affect the conclusion of the judgment, it may be tried ex officio (see, e.g., Supreme Court Decision 2007Do4310, Jul. 24, 2008). According to the records, the defendant appealed the judgment of the court of first instance on the grounds of the appeal, and argued that the defendant misjudgments the facts as well as the judgment of the court of first instance on the grounds of appeal, but withdrawal of the grounds for appeal by mistake of facts at the date of the judgment of the court of first instance, as long as it does not seem to have affected the judgment of the court of first instance, even if the court did not ex officio consider mistake or legal principles on the facts

subsection (b) of this section.

In addition, the argument that there was an error of misunderstanding of the facts or misunderstanding of the legal principles as to the facts charged of this case is not a legitimate ground for appeal, and it is not a legitimate ground for appeal, even if we look at ex officio, there is no error as otherwise alleged in the judgment below.

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