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Defendant
1. A Defendant’s appeal is dismissed;
Defendant
2. All appeals filed by the Defendant and the Prosecutor are dismissed.
Reasons
1. Although Defendant C filed an appeal against the lower judgment on January 16, 2019, Defendant C filed an appeal against the lower court on January 16, 2019, it did not state the grounds for appeal in the petition of appeal. On February 13, 2019, Defendant C received the notification of the receipt of the trial record from this court on February 13, 2019, but did not submit the grounds for appeal within 20 days, which is the period for submission
On the other hand, Defendant C filed an appellate brief with the purport that he/she would be in the first place on March 19, 2019, which was the deadline for submitting the appellate brief, which was March 5, 2019, and applied for the appointment of a state appointed defense counsel at the same time. On March 21, 2019, this court decided to appoint the attorney-at-law as a state appointed public defender against Defendant C, and the said state appointed public defender filed the appellate brief with Defendant C on March 27, 2019.
However, in a case that is not a necessary attorney-at-law, but a public defender is not required under Article 33 (3) of the Criminal Procedure Act, if the defendant requests the appointment of a public defender under Article 33 (2) of the Criminal Procedure Act only after the deadline for submitting the statement of grounds for appeal expires, and the court decides to appoint a public defender, it is not necessary to notify the public defender of the receipt of the notification. In such a case, even if the public defender was notified of the same, the period for submitting the statement of grounds for appeal by the public defender shall be counted from the date on which the defendant received the notification of the receipt of the notification (see Supreme Court Decision 2013Do4114, Jun. 27, 2013). Accordingly, in the instant case, the statement of grounds for appeal filed by the public defender against the defendant C and the statement of grounds for appeal filed by the defendant C on March 19, 2019 are unlawful and it cannot be subject to adjudication in this
Furthermore, in examining the record ex officio, the reasons for the judgment of the court below, including the amount of punishment, are ex officio.