An appellant or defense counsel shall submit a statement of grounds for appeal to the appellate court within 20 days from the date on which the appellate court received the receipt of trial records

(Article 361-3(1) of the Criminal Procedure Act). The appellate court shall conduct an ex officio inquiry of the grounds for appeal entered in the petition of appeal or included in the grounds for appeal filed within the above period: Provided, That it may conduct an ex officio inquiry of the grounds for appeal only for exceptional reasons affecting the judgment

(Article 364(1) and (2) of the Criminal Procedure Act. Therefore, matters not included in the statement of grounds for appeal by the defendant or defense counsel shall be stated in the appellate court.

Even if such circumstance alone does not constitute grounds for appeal as alleged in the statement.

(2) According to the records, the Defendant submitted the written notification of the receipt of the trial record to the lower court on September 18, 2012, and the private defense counsel (law firm F) who was appointed to receive the notification of the receipt of the trial record to the lower court on September 25, 2012, which is within 20 days from the date of service. The written statement of grounds for appeal contains only the assertion of unfair sentencing, such as the statement of the grounds for appeal as stated in the judgment below, and there was no assertion of incomplete deliberation or misapprehension of legal principles as stated in the grounds for appeal. However, the other private defense counsel (law firm AC) of the Defendant appointed on November 7, 2012 submitted the written summary of the pleadings on November 20, 2012, and only asserted the same purport as the grounds for appeal, such as incomplete deliberation or misapprehension of legal principles, and on November 21, 2012, the above written summary of the pleadings at the trial date of the lower court on September 21, 2012.

Examining the above facts in light of the legal principles as seen earlier, the Defendant’s defense counsel submitted around November 20, 2012 the summary of the pleadings and the arguments in the courtroom are subsequent to the lapse of the submission period for the grounds of appeal.