The appellate court in receipt of the record shall, in the case requiring a defense counsel under Article 33 (1) 1 through 6 of the Criminal Procedure Act, appoint a defense counsel without delay and notify the defendant of the receipt of the trial records. In the case where a defense counsel is appointed pursuant to the request for the appointment of a public defender under Article 33 (2) of the Criminal Procedure Act that was made before the deadline for submitting the appellate brief is not timely filed, or where a public defender is appointed pursuant to Article 33 (3) of the Criminal Procedure Act, notify the counsel of the receipt of the trial records. The court shall protect the defendant's right to receive the counsel's assistance within the prescribed period from the date the defense counsel is notified (Article 156-2 of the Regulation on Criminal Procedure). According to the provisions of Articles 361-3 and 364 of the Criminal Procedure Act, the appellate court's structure is tried by the defendant or defense counsel within the statutory period, and even if the deadline for submitting the appellate brief expires, the appeal can not be tried without waiting for the expiration of the deadline for submitting the appellate brief.

According to the records, the defendant's defect in his request for the appointment of a state appointed defense counsel without a vindication of the reasons on October 22, 2008, the court below decided to appoint a state appointed defense counsel on November 3, 2008 and notified the state appointed defense counsel of the receipt of the notification of the receipt of the trial record on the same day, and the defendant's state appointed defense counsel submitted the statement of grounds of grounds of grounds of grounds of grounds of grounds of appeal as "written supplement of grounds of appeal" on November 19, 2008, and the court below concluded the oral argument between the defendant and his defense counsel on November 20, 2008, after hearing the oral argument of the defendant and his defense counsel

In light of the above legal principles in light of the above facts, although the period for submitting the grounds for appeal by a public defender was until November 24, 2008, the court below rendered a ruling dismissing the defendant's appeal on November 20, 2008, which was before the deadline for submitting the grounds for appeal by a public defender, and thereby deprived the public defender of the opportunity to submit the grounds for appeal or revise or add the grounds for appeal by the time the deadline for submitting the grounds for appeal expires. Ultimately, the court below erred by misapprehending the legal principles on the period for submitting the grounds for appeal, which affected the conclusion of the judgment. The grounds for appeal

Therefore, the judgment below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeon Soo-ahn (Presiding Justice)