The court of appeals shall conduct a judgment on the grounds of appeal which are entered in the petition of appeal or included in the statement of grounds of appeal submitted within the period for submission of the grounds of appeal: Provided, That it may conduct an ex officio judgment on an exceptional basis

(Article 364(1) and (2) of the Criminal Procedure Act. Accordingly, matters not included in the statement of grounds for appeal by the defendant or defense counsel shall be stated in the appellate court.

Even if there are grounds for appeal, such as the assertion contained in the statement, cannot be deemed to exist.

(See Supreme Court Decisions 98Do1234, Sept. 22, 1998; 2006Do848, May 31, 2007). According to the records, the Defendant asserted only unfair sentencing in the statement of grounds of appeal submitted within the statutory period, and the Defendant’s private defense counsel submitted a defense counsel’s written opinion containing a mistake of facts on January 14, 2014, and made a mistake of facts on the third trial date of the lower court.

In addition, the court below did not regard the assertion of mistake as a subject matter of adjudication, recognizing that the assertion of mistake of facts is not included in the statement of grounds for appeal submitted within the deadline for submitting the statement of grounds for appeal, and that there is no ground to ex officio to affect the judgment on the grounds of its decision

The judgment below

In light of the records, such judgment of the court below is deemed to be based on the legal principles as seen earlier, and there is no error of law by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, or by failing to exhaust all necessary deliberations.

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