The initial date in the submission period of the grounds for appeal by the counsel appointed before the receipt of the trial record.

In light of the provisions of Articles 361-2 and 361-3(1) of the Criminal Procedure Act, where a defense counsel is appointed after the defendant received the notification of the receipt of the trial record, the court of appeals does not need to give the same notification again to the defense counsel, and the period for submitting the statement of grounds for appeal shall be calculated from the date when the defendant received the same notification. However, where the defense counsel is appointed before the notification of the receipt of the trial record to the defendant, the court of appeals shall also notify the defense counsel of

Articles 361-2 and 361-3(1) of the Criminal Procedure Act

[Judgment of the court below]

Gwangju District Court Order 92No1221 Dated October 22, 1993

The order of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.

The grounds of reappeal are examined.

1. According to the records, at the first instance court on September 22, 1992, the defendant was sentenced to a suspended sentence of two years for a crime of false accusation at the end of eight years, and submitted a petition of appeal on the 24th of the same month, and at the same time, the defendant appointed an attorney Kim Jae-jin, who was a first instance court, as a defense counsel, as a defense counsel. On October 28 of the same year, the court below notified the defendant of receipt of each record from the first instance court on the 28th of the same month, and on November 2 of the same year, the above defense counsel submitted the statement of reasons for appeal to the court below on November 19 of the same year, and the court below dismissed the defendant's appeal on the ground that the defendant did not submit the legitimate grounds for appeal within the period for appeal and did not state any reasons for appeal in the petition of appeal even though the court below

2. The court below's above decision is just against the defense counsel's submission of the appellate brief, whether or not, or not the defendant's notification of the receipt of the trial record. The period for submission of the appellate brief should also be calculated from this day, and it is unclear whether or not the defense counsel's statement of grounds for appeal is submitted 20 days after the date when the defendant received the receipt of the trial record. However, in any such case, the court below's above disposition

3. According to Articles 361-2 and 361-3(1) of the Criminal Procedure Act, when the appellate court has received the records, it shall immediately notify the appellant and the other party, and when the counsel is appointed before such notification, the appellant or the defense counsel shall also notify the counsel of the statement of reasons for reasons of reasons of reasons. Therefore, if the counsel is appointed after the notification of the receipt of the notification of reasons for reasons of reasons of reasons of reasons, it is not necessary for the counsel to make the same notification, and the period for submitting the statement of reasons for reasons of reasons of reasons of reasons should be calculated from the date when the defendant has received the same notification (see, e.g., Supreme Court Order 65Mo34, Aug. 25, 1965; Supreme Court Order 67Mo56, Dec. 5, 1967; Supreme Court Order 70Mo108, Dec. 30, 1970).

4. Thus, the dismissal of the appeal of this case by the decision of the court below without determining the grounds for appeal, although the counsel of the court below received a notice of receipt of records from the court below on November 2, 1992 and submitted the statement of appeal to the court below on the 19th day before the expiration of 20 days after receiving the notice of receipt of records from the court below. The ground for appeal assigning this error

Therefore, the order of the court below shall be reversed and remanded, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)