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The appeal is dismissed.
Reasons
According to the records, while filing an appeal against the judgment of the first instance, the defendant asserted mental and physical disability, mistake of facts, or misapprehension of the legal principle as the grounds for appeal, but on the first trial of the court below, withdraws the grounds for appeal as to mental and physical disability, mistake of facts, or misapprehension of the legal principle, and left the grounds for appeal only as
In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.