Transmission of the record of appeal after the statutory period has expired and the grounds of appeal

Since the period of forwarding the records of proceedings in this Article is a decoration provision, the violation of the same Article cannot be a legitimate ground for appeal.

Article 377 of the Criminal Procedure Act, Article 231 of the Criminal Act, Article 234 of the Criminal Act

Defendant

Seoul High Court, Seoul High Court, Seoul High Court, etc.

According to Article 377 of the Criminal Procedure Act, insofar as the filing of an appeal is not contrary to the legal form in the filing of an appeal, or is not subsequent to the extinguishment of the right to appeal, the court below shall decide to send the records of trial to the public prosecutor of the public prosecutor's office corresponding to the court within 14 days from the date of receiving the petition of appeal, and thereby, the court below shall not be able to be able to prove that the court below had sent the records of trial to the public prosecutor's office after the lapse of about two months, such as the theory of lawsuit, and therefore, it shall not be able to prove that the records of trial were sent to the public prosecutor's office after the expiration of about two months.

Justices Oh-Wil (Presiding Judge) Kim Young-chul and Kim Hong-sub