In a case where a defendant appealed a necessary defense case, whether the court may decide the dismissal of an appeal without appointing a state appointed defense counsel where the grounds for appeal are not stated in the petition of appeal and the appellate brief is not filed (negative)

In the case of a so-called necessary defense case that falls under death penalty, imprisonment with or without prison labor for life or for not less than three years, the appellate court shall appoint a state appointed defense counsel to have him/her prepare and submit the statement of grounds of grounds of grounds of appeal, and even if the defendant did not submit the statement of grounds of appeal within the deadline for submitting the statement of grounds of appeal, the appellate court shall not dismiss the defendant's appeal by ruling pursuant to Article 361-4 (1) of the Criminal Procedure Act without appointing a state appointed defense counsel, if the defendant does not have a defense counsel.

Articles 282, 283, and 361-4(1) of the Criminal Procedure Act; Articles 16(1) and 17(1) of the former Rules on Criminal Procedure (amended by Supreme Court Regulation No. 1441, Dec. 3, 1996)

Supreme Court Decision 89Do550 Decided September 26, 1989 (Gong1989, 1620) Supreme Court Decision 94Do2347 Decided April 25, 1995 (Gong1995Sang, 2010)

Defendant

Changwon District Court Order 96No1280 dated October 23, 1996

The order of the court below is reversed, and the case is remanded to the Changwon District Court Panel Division.

The grounds for reappeal are examined ex officio prior to the judgment.

In the case of a so-called necessary defense case that falls under death penalty, imprisonment with or without prison labor for life or for not less than three years, the appellate court shall appoint a state appointed defense counsel to have him/her prepare and submit the statement of grounds of grounds of appeal, and even if the defendant did not submit the statement of grounds of appeal within the deadline for submitting the statement of grounds of appeal, the appellate court shall not dismiss the defendant's appeal by ruling pursuant to Article 361-4 (1) of the Criminal Procedure Act, without appointing a state appointed defense counsel, if the defendant does not have a defense counsel.

In light of the records, among the facts charged in this case, intimidation is punished by imprisonment with prison labor for not less than five years, and this case constitutes a case requiring a necessary defense counsel, notwithstanding the fact that the court below did not appoint a public defender to the defendant who is not a defense counsel, and dismissed the defendant's appeal by decision on the ground that the defendant did not submit the grounds for appeal, the grounds for appeal was not stated in the petition of appeal, and that there was no reason for ex officio investigation, the court below erred in the misapprehension of Articles 282 and 283 of

Therefore, the order of the court below is reversed and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Yong-hun (Presiding Justice)