2. Before judgment on the grounds for ex officio appeal is rendered, the Defendant submitted a petition of appeal on July 21, 2017 and July 25, 2017 with respect to the lower judgment that was pronounced on July 18, 2017, but the fact that the Defendant submitted a written waiver of appeal on July 20, 2017, the transfer of which is obvious.

Even according to the Defendant’s assertion on the grounds for submitting a petition of appeal after waiver of the right to appeal, “The Defendant waived the appeal to accept the judgment of the court below, but appealed again on the grounds that the sentence is excessive in surrounding areas.

“The grounds for reversal of the effect of the extinguishment of the right to appeal arising from the submission of a written waiver of the above right to appeal are apparent, and there is no other evidence to deem that the intent of the defendant to waive the above right to appeal was made by mistake due to a cause not attributable to the defendant on the records of this case, and that the act is valid is not considerably contrary to the justice.

If so, it is clear that the defendant's appeal is filed after the right to appeal has been extinguished due to waiver of right to appeal.

3. In conclusion, the defendant's appeal is unlawful and thus it is dismissed in accordance with Articles 362 (1), 360, and 354 of the Criminal Procedure Act.