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 are no illegal grounds affecting the judgment of the court of first instance, the court below’s failure to consider the mental and physical disorder as the object of judgment ex officio, as alleged in the grounds for appeal, cannot be deemed unlawful.

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, the argument of misapprehension of the legal principles as to mental disorder is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the court below did not consider it as the ground 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.