폭행
Defendant
All appeals by prosecutors are dismissed.
1. On November 29, 2016, the fact that the defendant did not submit a statement of reasons for appeal within 20 days from the delivery date of the notice of receipt of the records of trial on January 23, 2017 after he/she filed an appeal against the judgment of the court below on November 29, 2016 is obvious in the records.
In addition, there is no indication of the reason for appeal in the petition of appeal, and even if based on the records of this case, it is not possible to find the reason ex officio.
Therefore, the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act, but unless the prosecutor decides on the appeal against the defendant, the defendant's appeal shall be dismissed by judgment without separately rejecting the appeal (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. Determination on the prosecutor's appeal
A. In light of the gist of the prosecutor’s grounds for appeal (unfair sentencing) the Defendant’s criminal history, the circumstances leading to the instant crime, etc., the sentence of a fine of KRW 2 million imposed by the lower court is too uneasible and unreasonable.
B. In full view of the reasons for sentencing indicated in the arguments and records of the instant case, the lower court’s sentencing appears to have been determined reasonably by fully considering the various reasons for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the said sentence is modified.
In the end, the prosecutor's above argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the defendant's appeal is also dismissed in a judgment on the same ground as above. It is so decided as per Disposition.