특수재물손괴
All appeals by the defendant and the prosecutor are dismissed.
1. Although the Defendant filed a lawful appeal against the judgment of the court below on October 12, 2016, the fact that the Defendant, who received a notice of receipt of the records of trial on November 10, 2016, failed to submit the statement of reasons for appeal within 20 days from the date of service thereof is clear.
In addition, the grounds for appeal are not stated in the petition of appeal, and the grounds for ex officio investigation on the record shall not be found.
Therefore, the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act; however, as long as the court decides on the defendant's appeal against the prosecutor's defendant, the defendant's appeal shall not be dismissed separately and the defendant's appeal shall be dismissed by judgment (in this case, it is not unlawful even if the appeal is dismissed by judgment (see Supreme Court Decision 69Do143 delivered on May 27, 1969). 2. The prosecutor's appeal concerning the prosecutor's appeal
A. It is unfair that the lower court’s sentencing (five million won in penalty amount) of the Prosecutor’s grounds for appeal is too unfluent.
B. In that the Defendant committed the instant crime without being aware of it during the period of repeated crime after having completed the execution of the final sentence as well as the number of times that he/she was punished for violent crimes, the nature of such crime is poor and the risk of recidivism does not seem to be small.
In addition, if the defendant did not reach an agreement with the victim up to the trial of the party, it is true that there is a need for more strict punishment against the defendant.
However, the defendant does not repeat again recognizing the crime of this case.
In full view of the fact that there are different kinds of sentencing conditions, including the Defendant’s age, sex, environment, family relationship, motive and result of the crime, etc., the sentence of the lower judgment against the Defendant is given within the scope of the court’s discretion for sentencing, and is so minor that it cannot be exempted from reversal.
shall not be deemed to exist.
Therefore, the prosecutor's argument of sentencing is unfair.