[1] Where a private defense counsel is appointed after the defendant received the notification of the receipt of the trial records, the initial date of the submission period for the statement of grounds for appeal (=the

[2] Where a defense counsel is appointed before the defendant is notified of the receipt of the trial records, the initial date in the submission period for the grounds for appeal by the defense counsel (=the date

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

[1] [2] Supreme Court Order 93Mo82 delivered on March 10, 1994 (Gong1994Sang, 1228), Supreme Court Decision 96Do166 delivered on September 6, 1996 (Gong1996Ha, 3080) / [1] Supreme Court Order 65Mo34 delivered on August 25, 1965, Supreme Court Order 2006Mo623 delivered on December 7, 2006, Supreme Court Decision 2006Do5547 Delivered on March 29, 2007

Defendant 1 and three others

Law Firm Rolus, Attorneys Lee Ho-ho

Seoul Central District Court Order 2010No3085 dated October 27, 2010

Of the judgment below, the part against Defendant 2 and 3 is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court. Defendant 1 and 4 are all dismissed.

The grounds of reappeal are examined.

1. According to Articles 361-2 and 361-3(1) of the Criminal Procedure Act, when the appellate court receives the records, it shall immediately notify the appellant and the other party thereof, and when a counsel is appointed before such notification, the appellant or the defense counsel shall also submit the statement of reasons for reasons of reasons of reasons of reasons of reasons. Therefore, where a private defense counsel is appointed after the receipt of the notification of reasons for reasons of reasons of reasons of reasons of reasons of reasons of reasons of reasons of reasons of reasons of reasons of reasons of reasons of reasons of reasons of reasons of reasons of appeal, even if the defendant is notified to the private defense counsel, it does not need to give the same notification again to the defense counsel, and even if the defendant has received the same notification, the period for submitting the statement of reasons of reasons of reasons of reasons of reasons of reasons of appeal should be calculated from the date when the defense counsel receives the notification (see Supreme Court Order 65Mo34, Aug. 25, 196, etc.).

2. According to the records, the Defendants were sentenced to the first instance judgment on August 1, 2010 and filed an appeal on the same day, and the lower court, on August 24, 2010, sent the notification of the receipt of the trial records to the Defendants, and Defendant 1 sent the notification of the receipt of the trial records to the Defendants, and Defendant 4 sent the notification of the receipt of the trial records to the Defendants on August 27, 2010; Defendant 1 sent the notification of the trial records to the Defendants on August 27, 2010; Defendant 16:03, August 27, 2010; Defendant 2, Defendant 11:34, August 30, 2010; Defendant 3 sent each of the above notification to the lower court on August 12:34, 2010; and Defendant 3 did not submit the notification of the grounds for appeal to the Defendants to the lower court on August 30, 2010.

If facts are as above, Defendants 2 and 3 submitted a written appointment of defense counsel to the court below before receiving the notification of the receipt of the trial record, and thus, the period for submitting the grounds for appeal for the above Defendants to the defense counsel should be calculated from September 2, 2010 when the defense counsel received the notification of the receipt of the trial record. However, it is evident that the above grounds for appeal submitted on September 24, 2010 before the expiration of the period for submitting the grounds for appeal for the defense counsel's grounds for appeal on September 22, 2010 and the next day are not included in the above period as the holiday holiday. Thus, it is evident that the above grounds for appeal submitted on September 24, 2010 was submitted before the expiration of

Defendant 2 and 3’s ground of reappeal pointing this out is with merit.

Meanwhile, Defendant 1 and Defendant 4 appointed a defense counsel after receiving the notification of the receipt of the trial record, and even if the lower court again received the notification of the receipt of the trial record, the submission period for the statement of grounds for appeal should be calculated from August 27, 2010. Therefore, it is evident that the submission period for the statement of grounds for appeal filed on September 24, 2010 was filed after the expiration of the above period. It is justifiable for the lower court to dismiss the appeal by the above Defendants on the grounds that there was no ground for ex officio

The part of the order of the court below against Defendant 1 and 4 does not violate the Constitution, Act, order, or rule that affected the trial.

3. Therefore, the part of the judgment of the court below against Defendant 2 and 3 is reversed, and that part of the case is remanded to the court below for further proceedings consistent with this Opinion. Defendant 1 and 4 are all dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Chang-soo (Presiding Justice)