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) In light of the records, the court below’s determination on the grounds of appeal cannot be deemed to be unlawful, inasmuch as the defendant appealed against the judgment of the court of first instance and asserted unreasonable sentencing as the grounds of appeal, and the grounds of appeal do not seem to have affected the judgment of the court of first instance. Thus, the court below’s determination on the mistake of facts or misapprehension of legal principles as alleged in the grounds of appeal cannot be deemed to have been made ex officio.

Therefore, the ground of appeal that the court below erred in the misapprehension of legal principles as to Article 364 (2) of the Criminal Procedure Act is without merit.

In addition, according to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below is not a legitimate ground for appeal.

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