The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and asserted only the misapprehension of the legal principle as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in this case as the grounds for appeal.

In such a case, the argument that the lower court erred by misapprehending the legal principles as to the crime of escape of an offender among the facts charged in the instant case does not constitute a legitimate ground of appeal.

In addition, the lower court, on the grounds stated in its reasoning, determined that habituality is recognized with respect to the crime of larceny among the facts charged in the instant case, and rejected the Defendant’s grounds for appeal on misapprehension of the legal doctrine disputing such habituality.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on habituality in the crime of larceny under the Act on the Aggravated Punishment, etc. of Specific Crimes.

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