Whether the defendant can be deemed to have complied with the statutory period when he/she has filed a statement of grounds for appeal in a detention center under the period for submission of the grounds for appeal (negative)

The defendant filed an appellate brief with the purport that the defendant complies with the statutory period since he/she had filed the appellate brief with the detention center where the defendant was under the custody of the defendant within the deadline for submitting the appellate brief. However, the appellate brief is not subject to the provisions of Article 344(1) of the Criminal Procedure Act, and there is no special provision regarding the appellate brief, so the appellate court shall receive the appellate brief within the deadline for submitting the appellate brief, and even if the appellate court receives the appellate brief

Articles 361-3(1) and 361-4 of the Criminal Procedure Act

Supreme Court Order 63Mo57 dated May 2, 1963, Supreme Court Order 67Mo24 dated May 20, 1967, Supreme Court Order 84Mo57 dated October 11, 1984 (Gong1985, 44)

Defendant

Seoul District Court Order 2000No1808 dated April 18, 2000

The reappeal shall be dismissed. 50 days out of the number of detention days after the reappeal shall be included in the original sentence.

The grounds of reappeal are examined.

According to the reasoning of the order of the court below, the court below dismissed the defendant's appeal by ruling pursuant to Article 361-4 (1) of the Criminal Procedure Act on the grounds that the defendant's appeal was not filed within the due deadline for submitting the grounds for appeal, and that the appeal does not contain any grounds for appeal, and that there is no illegality falling under the grounds for ex officio examination in the court of first instance. The above decision of the court below is just and acceptable, and it is not possible to find that there is a violation of the Constitution, Acts, orders

On March 6, 200, the period for submitting the statement of reasons for appeal, the defendant filed the appellate brief with the Yeongdeungpo-gu District Court where the defendant was under the custody of the defendant, and thus complying with the statutory period. However, the court below's order is revoked. However, there is no special provision in Article 344 (1) of the Criminal Procedure Act with respect to the statement of reasons for appeal, and there is no special provision otherwise applicable to the statement of reasons for appeal to the appellate court, and even if it is received by the director of the prison or detention center and its substitute, it cannot be deemed to have been filed with the appellate court within the period for submission (see, e.g., Supreme Court Order 63Mo24, May 20, 1967; Supreme Court Order 67Mo24, Oct. 11, 1984; Supreme Court Order 84Mo57, May 20, 1964)

Therefore, the reappeal shall be dismissed, and part of the detention days after the reappeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all Justices who participate in the reappeal.

Justices Song Jin-hun (Presiding Justice)