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The judgment of the court below is reversed.
Defendant
B Imprisonment with prison labor of one year and two months, and each of the defendants A and C shall be punished by imprisonment with prison labor of one year.
(b).
Reasons
1. Summary of grounds for appeal;
A. In full view of the prosecutor’s summary of the grounds for appeal against Defendant B and C (the factual error), the witness’s statement, and the method of operation of the victim E (hereinafter “victim Company”), Defendant B and C appears to have been aware that money received from Defendant A was received by arbitrarily disposing of the goods of the victim company. Defendant A, who is in charge of the sales and purchase management of the victim company and the sales proceeds collection of the victim company, made a concrete statement about Defendant B and C’s participation in the crime, etc., and therefore, the credibility of the statement is acknowledged. Thus, the instant facts charged against Defendant B and C can be acknowledged without reasonable doubt.
B. As to the summary of Defendant A’s grounds for appeal on May 23, 2019, Defendant A and his defense counsel stated only “unfair sentencing” as grounds for appeal in the statement of grounds for appeal filed on May 23, 2019. However, Defendant A and his defense counsel asserted that the “unfair sentencing” was alleged in the statement of grounds for appeal filed on July 15, 2019, when the appellate brief was not timely filed. However, the appellate court must judge without any need to decide whether the grounds for ex officio examination are legitimate, or whether the grounds for appeal are included in the statement of grounds for appeal. However, matters that are not grounds for ex officio examination may be subject to adjudication only if they are stated in the petition of grounds for appeal or are included in the statement of grounds for appeal filed within the prescribed period, unless they are stated in the petition of grounds for ex officio examination or not. However, it is not exceptionally
Even though it is possible to judge ex officio.
On the other hand, the defendant or defense counsel stated matters not included in the statement of grounds for appeal in the appellate court.
Even if there are grounds for appeal, such as the assertion contained in the statement.