The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. The gist of the grounds of appeal is as follows: although the Defendant was aware of the victim E’s head debt at the time of the instant case, the Defendant did not use the victim’s right shoulder and 2 parts of the arms except for the son’s hand and hand.

Nevertheless, the judgment of the court below which found the Defendant guilty of all the facts charged of this case is erroneous in matters of law that affected the conclusion of the judgment by misunderstanding the facts (the defendant's national defense counsel, on May 2, 2018, asserts that the sentencing was unfair on the grounds of appeal,

According to Article 361-3(1) of the Criminal Procedure Act, an appellant or his/her defense counsel shall submit a written reason for appeal within 20 days from the date of receipt of the records of trial. According to the records, on November 27, 2017, the Defendant submitted a petition of appeal stating the grounds for appeal that “the Defendant did not commit a crime that the lower court found guilty” was served on the lower court. On January 4, 2018, the Defendant was notified of the receipt of the records of trial by this court, but the Defendant did not submit a separate reason for appeal within the period for submission. On April 11, 2018, the Defendant requested this court to appoint a national defense counsel, and the national defense counsel appointed accordingly submitted a written reason for appeal on May 2, 2018.

It is not a case requiring a defense counsel under Article 33(1) of the Criminal Procedure Act, but a case in which a defense counsel should be appointed pursuant to Article 33(3) of the Criminal Procedure Act. In this case, if the defendant requests the appointment of a defense counsel in accordance with Article 33(2) of the Criminal Procedure Act only after the defendant did not have the reason for appeal and the court decided to appoint a defense counsel, it is not necessary to notify the defense counsel of the receipt of the records of trial. In such a case, even if the defendant notified the defense counsel of the same fact.

Even if the defendant is notified of the record of trial, the period for filing an appeal by the national defense counsel shall be from the date of receipt.