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 the appellate court received the receipt of trial records

(Article 361-3(1) of the Criminal Procedure Act). The appellate court shall conduct an ex officio inquiry of the grounds for appeal entered in the petition of appeal or included in the grounds for appeal filed within the above period: Provided, That it may conduct an ex officio inquiry of the grounds for appeal only for exceptional reasons affecting the judgment

(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.

(2) According to the records, the Defendant’s defense counsel appointed by the lower court on August 31, 2007 (see, e.g., Supreme Court Decision 2006Do8488, May 31, 2007). On August 29, 2013, the written notification of the receipt of the trial record was served by the lower court on August 29, 2013 and the written statement of grounds for appeal was filed on September 17, 2013, which is within 20 days from the date on which the written notification of the receipt of the trial record was filed. The Defendant was served with the written notification of the receipt of the trial record from the lower court on September 25, 2013; the Defendant and the defense counsel stated on October 18, 2013 that the confession of the facts charged and the grounds for appeal will be clearly made by the next date; the defense counsel submitted a supplementary statement on December 11, 2013, which clearly states that the aforementioned written statement of mistake, etc.

The above facts are stated.