Defendant

A did not submit a statement of reason for appeal within the period for submission of the written reason for appeal (the reason for appeal submitted by the defense counsel of Defendant A was received on January 3, 2018 after the expiration of the period for submission) and the reason for appeal is not indicated in the petition for appeal.

2. The grounds of appeal by Defendant B are examined.

According to the records, since it is apparent that Defendant B’s defense counsel was present at the second public trial protocol of the court below, the court below did not err by misapprehending the legal principles on the validity of procedural acts conducted without defense counsel in the necessary attorney-at-law case, as alleged in the grounds of appeal.

In addition, according to the records, Defendant B appealed against the judgment of the court of first instance, and only asserted the illegality of sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant B was sentenced to a minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.