All appeals filed by the Defendants and by the Prosecutor against Defendant A and B are dismissed.

Defendant

According to Article 361-2 (2) of the Criminal Procedure Act regarding the submission of the Reasons for Appeal, the appellate court shall notify the defense counsel of the receipt of the records of trial when a defense counsel is appointed before the receipt of the records of trial. Thus, if a defense counsel is appointed after the defendant is notified of the receipt of the records of trial, it is not necessary to give the same notice to the defense counsel again. The same applies when the appellate court revokes the appointment of the defense counsel as the defendant appointed a defense counsel after the defendant appointed a defense counsel and notified the defendant and his defense counsel of the receipt of the records of trial. In such a case, the period for submission of the reasons for appeal shall be calculated from the date when the national defense counsel or the defendant received the records of trial (see, e.g., Supreme Court Decision 2006Do5547, Mar. 29, 2007).

On July 3, 2018, the appeal of this case was filed against the lower court on July 3, 2018, and this court appointed a defense counsel of the Defendant on July 23, 2018 and notified the receipt of the records of trial. The Defendant and his defense counsel were duly served on July 24, 2018, which is the next day. After that, the Defendant’s revocation of the appointment of a defense counsel on the same day as the Defendant appointed a defense counsel. However, the Defendant and his defense counsel on August 16, 2018 are too unreasonable.

The punishment should be mitigated in accordance with the purpose of the sentencing that “the punishment should be mitigated in accordance with the principle of attempted suspension.”

It is recognized that “A statement of reasons for appeal is submitted to the contrary to the mistake of facts and the misapprehension of the legal doctrine.”

Examining the above facts in light of the legal principles as seen earlier, in such a case, Defendant B is to start the period for submission of the reasons for appeal.