(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 Supreme Court Decision 2012Do15128 Decided April 11, 2013, etc.). According to the record, the lower court’s defense counsel can find out the fact that only the appellate brief was filed without submitting a counsel’s appointment document on July 16, 2019. As such, the foregoing appellate brief is not a appellate brief filed by the competent person, and thus, is not a legitimate appellate brief.

On the other hand, the Defendant did not submit an appellate brief within the submission period and did not submit a petition of appeal containing the grounds of appeal.

Furthermore, even if examining ex officio, the lower court did not err by misapprehending the legal doctrine on the crime of breach of trust or the crime of taking property in breach of trust without failing to exhaust all necessary deliberations to determine Defendant A guilty of the facts charged, based on its stated reasoning.

2. The lower court found Defendant B guilty of the facts charged on the ground of its stated reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on illegal solicitation in the crime of giving or receiving property in

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