1. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found the Defendant guilty on the ground that there was no proof as to the special assault portion No. 2 through No. 4 of the annexed crime list among the facts charged in the instant case,

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of special

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection in the petition of appeal or the appellate brief.

2. As to the Defendant’s grounds of appeal, the appointment of counsel shall be submitted in writing with a joint signature and seal by instance.

(1) Article 32(1) of the Criminal Procedure Act provides that “If only the appellate brief was filed without filing a written appointment of counsel, the appellate brief cannot be a lawful and effective defense counsel’s grounds for appeal. This is the same even if a defense counsel files a written appeal with the lower court as a defense counsel (see, e.g., Supreme Court Order 2013Do8165, Oct. 14, 2013).” 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 lapse of the appellate brief, the appellate brief cannot be a legitimate and effective defense counsel’s grounds for

(2) According to the records, the Defendant received a notice of receipt of the records of trial from this court on December 16, 2019, and the defense counsel of the lower court on January 3, 2020 without submitting a defense counsel appointment document to the court on December 30, 2019, and submitted a statement of grounds for final appeal on January 10, 2020 after the deadline for filing the statement of grounds for final appeal. The Defendant again submitted a statement of appointment of defense counsel to the Supreme Court on January 14, 2020 after the deadline for filing the statement of grounds for final appeal. < Amended by Act No. 1604, Jan. 10, 2020>