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The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. According to the provisions of Articles 361-3 and 364 of the Criminal Procedure Act, the appellate court's structure is to be tried by the statement of reasons for appeal filed by the defendant or his/her defense counsel within the statutory period, so even if the statement of reasons for appeal is filed, the appellate court shall not decide on the appellate
(2) According to the records, the court below, on January 8, 2015, issued a notice of the receipt of the trial record and the notice of the appointment of a public defender, etc. on June 25, 2004, and submitted the statement of reasons for appeal on January 16, 2015, respectively, and the public defender submitted the statement of reasons for appeal on January 19, 2015; the public defender submitted the statement of reasons for appeal on April 2015; the public defender submitted the statement of reasons for appeal on January 2015; and the court below dismissed the Defendant’s appeal on January 20, 2015, after closing pleadings on the first public trial date.
Examining the above facts in light of the legal principles as seen earlier, even though the period for submitting the grounds for appeal by the Defendant and the public defender was February 2, 2015, the lower court rendered a judgment on January 20, 2015, which was before the said period for submitting the grounds for appeal, deprived the Defendant and the public defender of the opportunity to additionally change and withdraw the grounds for appeal. Ultimately, the lower court erred by misapprehending the legal doctrine on the period for submitting the grounds for appeal, or by violating the
The ground of appeal assigning this error is with merit.
3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.