All appeals filed by the defendant and prosecutor are dismissed.

1. Judgment on the appeal by the defendant

A. If a defense counsel was submitted without submitting the relevant legal principles and without filing the appellate brief, and the defense counsel was appointed after the expiration of the period for submitting the appellate brief, it shall not be deemed a legitimate and effective appellate brief.

(See Supreme Court Decision 2017Do18825 Decided February 28, 2018, and Supreme Court Decision 69Mo68 Decided October 4, 1969, etc.). (b)

Judgment

According to the records of this case, even though the defendant was served with the notification of the receipt of the trial record by this court on October 15, 2018, the defendant did not file the appellate brief within the 20-day period for filing the appellate brief under Article 361-3(1) of the Criminal Procedure Act, and did not state the grounds for appeal even in the petition of appeal. The law firm C, Attorney D, who filed the appellate brief on November 2, 2018, did not submit the appellate brief until then, but did not submit the appellate brief, and it can be acknowledged that the defendant submitted the appellate brief on December 17, 2018, which was after the date of filing the appellate brief.

According to the above facts, the grounds for appeal filed by the above defense counsel on November 2, 2018 shall not be deemed a legitimate and effective grounds for appeal, and even if the grounds for appeal in the above grounds for appeal are examined ex officio, it shall not be justified.

(On the other hand, on December 31, 2018, the above defense counsel submitted an appellate brief stating erroneous facts, misapprehension of legal principles, and grounds for appeal stating unfair sentencing to the same effect as the previous appellate brief, but this cannot be deemed a legitimate ground for appeal since it was asserted after the deadline for filing the appellate brief, and it is not reasonable even if it was examined ex officio as seen earlier).

A. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, community service work hours for not less than 120 hours) that the court below sentenced to the defendant is unreasonable.

B. In light of various sentencing conditions shown in the records and arguments of this case, the circumstances alleged by the prosecutor as grounds for appeal may be considered.