An appellant or defense counsel shall submit a statement of grounds for appeal to the appellate court within 20 days from the date on which he/she received the notification of receipt of the appellate court's trial records (Article 361-3 (1) of the Criminal Procedure Act), and the appellate court shall conduct a trial on the grounds for appeal stated in a petition of appeal or included in the statement of grounds for appeal filed within the above period, except where it is not included

(Article 364(1) and (2) of the Criminal Procedure Act. Therefore, 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 such circumstance alone does not constitute grounds for appeal as alleged in the statement.

(1) According to the records, the Defendant filed an appeal against the judgment of the first instance on November 28, 2012, and received a written notification of the receipt of the trial record from the lower court on December 12, 2012. However, the Defendant submitted the written statement of grounds for appeal to the lower court on January 18, 2013, which included only the assertion of misconception of facts and the assertion of unfair sentencing to the effect that the Defendant did not have an intention to acquire by deception, and thereafter, the Defendant and his defense counsel appointed by the lower court on the first day of the lower judgment on May 31, 2007, and stated that the Defendant appealed on the grounds of mistake of facts, misunderstanding of legal principles, and unfair sentencing.

Examining these facts in light of the legal principles as seen earlier, the Defendant’s assertion of grounds for appeal stated in the grounds for appeal, or mistake of facts, misapprehension of legal principles, and assertion of unreasonable sentencing stated in the court of original instance by the Defendant and his defense counsel, but it is only after the lapse of the period for filing the grounds for appeal,