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

(2) According to the records, the Defendant submitted a written appeal and served a notice of receipt of the records of trial by the Supreme Court on October 10, 2014 (see Supreme Court Decision 2012Do15128, Apr. 11, 2013). However, the Defendant’s defense counsel submitted a written appeal on October 28, 2014 without submitting a written appeal to appoint a defense counsel on October 31, 2014, and submitted a written appeal to the Supreme Court on October 31, 2014, since the Defendant’s defense counsel submitted the written appeal to the lower court without submitting a written appeal to appoint a defense counsel, the said written appeal to the Supreme Court is not a legitimate appellate brief.

On the other hand, the Defendant did not submit the appellate brief within the submission period and did not state the grounds for appeal in the petition of appeal.

Therefore, this constitutes a ground for dismissal of appeal under the main sentence of Article 380 of the Criminal Procedure Act.

Furthermore, the court below's ex officio examination of the facts charged of this case's violation of the law of logic and experience is just and there is no error in the misapprehension of the legal principle as to the abandonment of duty, or in violation of the principle of free evaluation of evidence against the law of logic and experience

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