The appeal is dismissed.

The grounds of appeal are examined.

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

A judgment may be rendered ex officio.

(2) According to the records, the defendant appealed against the judgment of the court of first instance, and asserted only unfair sentencing as the grounds for appeal. As long as there is no illegal ground affecting the judgment of the court of first instance, the court below cannot be deemed to have determined that the facts charged in this case, which were alleged in the grounds for appeal, are not subject to ex officio determination of facts or misapprehension of legal principles as to the violation of the State Property Act, as alleged in the grounds for appeal.

In addition, the argument that there is an error of mistake of facts or misapprehension of legal principles as to the violation of the State Property Act among the facts charged in this case is not a ground for appeal, or that there is no ground for appeal that the court below did not consider it as the subject of judgment ex officio.

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