However, the defendant did not submit the statement of grounds for appeal within the 20-day period for submitting the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act, and the petition of appeal does not contain any statement of grounds for appeal, nor does it find any grounds for ex officio

Meanwhile, the Defendant is found to have appointed a private defense counsel on December 21, 2018 and revoked the decision to appoint a public defense counsel to the Defendant on December 21, 2018, and the private defense counsel is found to have filed a statement of grounds for appeal on January 10, 2019. However, where the appellate court appointed a public defense counsel to appoint the Defendant and his/her defense counsel and then revokes the appointment of a public defense counsel as the Defendant appointed a private defense counsel, the period for submission of the grounds for appeal should be calculated from the date on which the public defense counsel or the Defendant received the notification of the receipt of the notification of grounds for appeal (Supreme Court en banc Decision 2015Do10651 Decided November 22, 2018), and the grounds for appeal filed on January 10, 2019, which was 20 days after the expiration of 20 days from December 12, 2018.

Therefore, it is necessary to decide to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act, and as long as the court decides on the prosecutor's appeal, it is also decided without separately deciding the dismissal of appeal.

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (e.g., a two-year imprisonment) of the lower court against the Defendant is deemed unreasonable.

B. There is no change in the conditions of sentencing compared with the first instance court.