Where a defense counsel is appointed before the notification of the receipt of the trial records to the defendant, the period for submission

According to Articles 361-2 and 361-3(1) of the Criminal Procedure Act, when the appellate court receives the trial records, it shall immediately notify the appellant and the other party thereof, and when the counsel is appointed before such notification, the appellant or the defense counsel shall also notify the appellant, and since the appellant or the defense counsel shall submit the statement of reasons for reasons of reasons within 20 days from the date of receipt of the notification, if the counsel is appointed after the defendant received the notification of the receipt of the trial records, it is unnecessary to give the same notification again to the counsel, and the deadline for submitting the statement of reasons for reasons of reasons for reasons of reasons of reasons of reasons for reasons of reasons of reasons should be calculated from the date of receipt of the notification. However, if the

Articles 361-2 and 361-3 of the Criminal Procedure Act

[Plaintiff-Appellee-Appellee-Appellee-Law No. 4554, Dec. 3, 1998

Defendant

Defendant

Daegu District Court Decision 95No1663 delivered on December 15, 1995

The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

We examine the Defendant’s grounds of appeal.

1. According to the records, at the first instance court on July 6, 1995, the defendant was sentenced to imprisonment without prison labor for ten months for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and filed a petition of appeal on the same day, and thereafter, on August 8 of the same year, submitted to the court below a letter of appointment of counsel to appoint an attorney-at-law who was a counsel of the first instance court as a counsel, and on the other hand, on July 28 of the same year, the court below notified the defendant of receipt of records only on August 24 of the same year when the defendant was sent a record from the first instance court on July 28 of the same year. The above counsel submitted the statement of grounds of appeal to the court below on October 24 of the same year when the above notice of receipt of records was not received. The court below opened a pleading, while the defendant proceeding in the court below without submitting the statement of grounds of appeal within due period, and concluded

2. The court below's above decision is just against the defense counsel's submission of the appellate brief, whether it is, or not, the defendant's notification of the receipt of the trial record. The period for submission of the appellate brief should be calculated from this day. It is not clear whether the defense counsel's submission of the appellate brief after 20 days from the date on which the defendant received the notification of the receipt of the trial record is unlawful, but it is not unlawful or unlawful.

According to Articles 361-2 and 361-3(1) of the Criminal Procedure Act, when the appellate court receives the records, it shall immediately notify the appellant and the other party thereof, and when the counsel is appointed before such notification, the appellant or the defense counsel shall also notify the appellant. Since the appellant or the defense counsel shall submit the statement of grounds for appeal within 20 days from the date of receipt of the notification, if the counsel is appointed after the receipt of the notification, it is not necessary to send the same notification again to the counsel, and the period for submission of the statement of grounds for appeal should be calculated from the date of receipt of the notification. However, as in this case, if the counsel is appointed before the defendant is notified of the receipt of the notification, the counsel shall also be notified of the receipt of the notification, and the period for submission of the grounds for appeal by the counsel shall be calculated from the date of receipt of the notification (see Supreme Court Order 93Mo82, Mar. 10, 1994).

There is reason to point this out.

3. Therefore, the judgment 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 on the bench.

Justices Cho Chang-tae (Presiding Justice)