Where the appellate brief has not been filed within the deadline for submitting the appellate brief, and where it is determined that there is no ground to ex officio investigation as a result of oral argument in a case without the grounds for appeal in the petition of

Where an appellant or defense counsel fails to file a statement of grounds for appeal within the deadline for submitting the statement of grounds for appeal, and there is no reason for ex officio investigation, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the Criminal Procedure Act); and where it does not have any reason for ex officio examination, the appellate court shall dismiss the appeal by decision, and where it does not have any reason for ex officio examination (Article 361-4(2) of the Criminal Procedure Act), it belongs to the court’s discretion to decide whether a oral argument should be made in a decision (Article 37(2) of the Criminal Procedure Act); and where the appellate court did not submit the statement of grounds for appeal within the deadline for submitting the statement of grounds for appeal in a case where there is no reason for ex officio examination in the petition of appeal, even if the appellate court has made a oral argument

Articles 37(2) and 361-4(1) of the Criminal Procedure Act

Re-appellant

Seoul District Court Order 95No5807 dated April 12, 1996

The reappeal is dismissed.

The grounds of reappeal are examined.

Where an appellant or defense counsel fails to file a statement of grounds for appeal within the deadline for submitting the statement of grounds for appeal, and there is no reason for ex officio investigation, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the Criminal Procedure Act); and where it does not have any reason for ex officio examination, the appellate court shall dismiss the appeal by decision, and where it does not have any reason for ex officio examination (Article 361-4(2) of the Criminal Procedure Act), it belongs to the court’s discretion to decide whether a oral argument should be made in a decision (Article 37(2) of the Criminal Procedure Act); and where the appellate court did not submit the statement of grounds for appeal within the deadline for submitting the statement of grounds for appeal in a case where there is no reason for ex officio examination in the petition of appeal, even if the appellate court has made a oral argument

In the same purport, the court below's dismissal of the appeal by the re-appellant is just, and there is no error of law such as theory of lawsuit.

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

Justices Lee Yong-hun (Presiding Justice)