상고이유서의 제출과 ‘결정’의 형식에 의한 상고기각 (대상판결 : 대법원 2010. 4. 20.자 2010도759 전원합의체 결정)

This paper concerns an order rendered en banc by the Supreme Court on April 20, 2010 (Supreme Court en banc Order 2010Do759, April 20, 2010). The substance of the above-mentioned order (hereinafter "the Order") is that the ''statement of the grounds for appeal" under Article 380 of the Criminal Procedure Act (hereinafter "the Act") refers to a written statement which contains the grounds for appeal as provided in the paragraphs of Article 383 of the Act. Therefore, even if an appellant or a defense counsel submits a written statement entitled "Statement of the Grounds for Appeal," it can not be deemed the appellant or a defense counsel submitted a legitimate (legally permissible) statement of the grounds for appeal if none of the grounds for appeal provided in the Act is not included. In the case, the appellate court (Supreme Court) may dismiss the appeal by means of an order pursuant to Article 380 of the Act. According to the order, the defendant-appellant, sentenced to a fine, stated as grounds for appeal that the sentencing was too heavy and thus was unfair, but the Court dismissed the appeal by means of an "order" as if no statement of the grounds for appeal were submitted. It is significant that an appellate court (Supreme Court), pursuant to the Order, may dismiss an appeal by means of an "order," not by means of a "decision," in case not only where the appellant or a defense counsel fails to submit the statement of the grounds for appeal within a specified time period but also where no legitimate grounds for appeal are stated in the statement of the grounds for appeal. Furthermore, administrative practice in accordance with the Order would be considered to have introduced and realized one of the measures to manage the issue of indiscriminate appeals. The Order also deserves attention as it indicates a direction which the Court should take in practically and effectively to tackle appeals in criminal cases.