With respect to the grounds for ex officio examination, the court of appeals shall judge without any need to examine whether the grounds for appeal are submitted, or whether the grounds for appeal are included in the grounds for appeal. However, with respect to any grounds other than the grounds for ex officio examination, it shall be subject to adjudication only when the grounds for appeal are included in the grounds for appeal submitted within the prescribed period, unless they are stated in the petition of appeal or not. However, the grounds for appeal not included

Even if it is possible to judge ex officio, and on the other hand, the defendant or defense counsel has not been included in the statement of grounds for appeal in the appellate court.

This is not included in the grounds for appeal.

(2) According to the records, the Defendant’s argument that the Defendant was in a state of mental disability at the time of committing the instant crime cannot be seen as being included in the grounds for appeal. Thus, even if the lower court did not make a judgment, it cannot be said that there was any error in omission of judgment, even if it did not err in the omission of judgment.

Furthermore, even if ex officio review is conducted, the judgment of the court below does not seem to have any illegality.

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