(Article 32(1) of the Criminal Procedure Act. Accordingly, in a case where only the appellate brief was filed without filing a written appointment of counsel, the appellate brief cannot be deemed a lawful and effective appellate brief for defense counsel.

(see, e.g., Supreme Court Decision 2012Do15128, Apr. 11, 2013). This also applies where a defense counsel submitted a written appeal to the lower court as a defense counsel of the lower court.

According to the records, on July 3, 2018, the court below's defense counsel can know the fact that the appellate brief was filed without the submission of a counsel's appointment document. Thus, the above appellate brief is not a document submitted by the authorized person, and it is not a legitimate appellate brief.

Meanwhile, the court below's defense counsel submitted a petition of appeal to the court below, but the petition of appeal does not contain any grounds of appeal, and the defendant did not submit a petition of appeal or appellate brief.

Furthermore, even after ex officio examination of the facts charged, the court below was just in finding the guilty of the facts charged for the reasons stated in its holding, and it did not err by misapprehending the bounds of the principle of free evaluation of evidence.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.