The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

Defendant .

1. Summary of grounds for appeal;

A. According to the records, Defendant A’s defense counsel was served with the notification of the receipt of the trial record from this court on July 31, 2018, and Defendant A submitted the statement of grounds for appeal stating unfair sentencing as the grounds for appeal on August 10, 2018, within 20 days from the date of service of the notification of the receipt of the notification of the trial record. On August 13, 2018, Defendant A submitted the statement of grounds for appeal stating only “the fact-finding”, “law-finding”, and “the form of unfair sentencing” as the grounds for appeal. Defendant A’s defense counsel submitted the supplementary statement of grounds for appeal stating specific grounds for appeal on September 11, 2018, after the date when the period for filing the statement of grounds for appeal was expired. Defendant A’s defense counsel submitted the second trial date ( October 11, 2018) on September 11, 2018.

Article 155 of the Regulation on Criminal Procedure provides that the grounds for appeal shall be clearly stated in the statement of grounds for appeal, and the attorney's allegation of mistake and misapprehension of legal principles in the statement of grounds for appeal as of August 13, 2018 is not an argument in the appropriate grounds for appeal since it is not known at all that Defendant A contests the fact-finding and dispute any legal principles. However, inasmuch as Defendant A explicitly states the grounds for appeal in light of the fact that the ex post facto in nature is the immediate appellate court, the appellate court shall deliberate on the grounds for appeal (see Supreme Court Order 2002Mo265, Dec. 3, 2002). Thus, it is also determined that Defendant A's assertion of mistake and misapprehension of legal principles are also the grounds for appeal.

Defendant

A’s defense counsel asserted that Defendant A’s act of opening gambling space from March 15, 2016 to March 17, 2016, in a supplementary statement of the grounds for appeal from September 11, 2018, the illegality of the act of opening gambling space from March 15, 2016, should be avoided. The above assertion was withdrawn on the first trial date of the trial, and there is no reason even ex officio.

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