The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

A. According to the records, the following facts are acknowledged in light of (1) whether the period for submitting the statement of grounds for appeal has expired.

The judgment below

After the issuance of a petition of appeal on March 31, 2014, the Defendant’s defense counsel at the lower court stated that “I will file an appeal regarding the foregoing case” and did not state the grounds for appeal.

On April 17, 2014, the trial court decided to appoint the Defendant as a state appointed defense counsel. On April 22, 2014, the decision to appoint a state appointed defense counsel and the notification of the receipt of the trial records were sent to the Defendant’s wife I and H attorney respectively.

On April 28, 2014, the defendant appointed a private defense counsel of the law firm B (Attorney in charge) and submitted a report on the appointment of a lawyer.

Accordingly, on May 1, 2014, the decision to revoke the appointment of a public defender was served on the public defender, and the notification of receipt of the trial record was not sent separately to the defendant's private defense counsel.

On May 28, 2014, the private defense counsel of the defendant filed a statement of grounds for appeal on the grounds of unreasonable sentencing.

(2) According to the provisions of Article 361-2 (2) of the Criminal Procedure Act, where a defense counsel is appointed before the notification of the receipt of the trial records, the court of appeals shall order the defense counsel to receive the notification of the receipt of the trial records, but where a defense counsel is appointed after the notification of the receipt of the trial records to the defendant (see, e.g., Supreme Court Order 65Mo34, Aug. 25, 1965). This provision applies to the case where the appellate court appoints a public defense counsel and revokes the appointment of a public defense counsel following the appointment of the defendant and the defense counsel after the notification of the notification of the receipt of the trial records to the defendant