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 he/she receives the notification of receipt of the appellate court's trial records (Article 361-3 (1) of the Criminal Procedure Act), and the appellate court shall conduct the appeal for which the grounds for appeal are stated in a petition of appeal or which are included in the statement of grounds for appeal filed within the above period,

(1) Article 364(1) and (2) of the Criminal Procedure Act provides that “The defendant shall be served with a written notification of the receipt of the trial records on February 27, 2019.” The defendant shall submit the written notification of the receipt of the trial records to the court of original judgment on April 5, 2019 when the deadline for submission of the statement of grounds for appeal elapses, and the defense counsel of the court of original judgment shall submit the written statement of grounds for appeal to the court of original judgment on April 23, 2019, and shall submit an additional statement of grounds for appeal on April 23, 2019.” The petition of appeal filed by

It can be known that only ‘the fact was described'.

Examining the above facts in light of the legal principles as seen earlier, the Defendant’s assertion of misunderstanding of facts was made after the deadline for submitting the grounds of appeal, and it does not constitute a legitimate ground for appeal.

Therefore, there is no error of misapprehending the legal principles as to the scope of the appellate court's trial, or infringing on the defendant's right to a trial.

Unless the court below decides separately on the grounds that the appellate brief was submitted after the deadline for submitting the appellate brief, the argument that the court below erred in mistake of facts in the judgment below shall not be a legitimate ground for appeal.

Furthermore, even if examined, there is no error in the judgment below as alleged in the grounds of appeal.

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