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part of the grounds for appeal stated in the grounds for appeal on the court date, but if the grounds for appeal are withdrawn, it may be subject to restrictions which may not be considered as the grounds for appeal again. Therefore, the withdrawal of the grounds

(2) As to the grounds of appeal, the Defendant asserted a mistake of facts with respect to the grounds of appeal on February 26, 2003 (see, e.g., Supreme Court Decision 2002Do6834, Feb. 26, 2003). The Defendant and his defense counsel asserted an unreasonable sentencing as the grounds of appeal on the first trial date of

Nevertheless, the lower court rejected the Defendant’s appeal on the sole ground that the Defendant and the defense counsel stated the grounds for appeal on the grounds that the Defendant’s grounds for appeal are unreasonable, and dismissed the Defendant’s appeal without determining the mistake of facts.

Examining these facts 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on the withdrawal of the grounds for appeal as seen earlier, it is difficult to view that the Defendant clearly withdrawn the allegation of mistake among the grounds for appeal.

However, in light of the evidence duly admitted by the first instance court, the first instance court maintained by the lower court may be found guilty of the facts charged of this case. Therefore, the lower court’s misapprehension of legal principles as to the withdrawal of grounds for appeal or omission of judgment

The allegation that the lower court erred by misapprehending the legal doctrine on the value of psychotropic drugs, etc. in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is not a legitimate ground of appeal, as it is alleged in the ground of appeal by the Defendant as the grounds of appeal or ex officio.

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