상해
Defendant
All appeals by prosecutors are dismissed.
1. On February 19, 2018, the Defendant did not submit a statement of reason for appeal within the submission period even when he/she received a notice of receipt of the records of trial from this court on February 19, 2018, and the petition of appeal does not state the reason for appeal, and even upon examining records, the lower judgment cannot be reversed ex officio and the reasons for
2. Judgment on the prosecutor's appeal
A. The grounds for appeal (unfair sentencing) are too uneasy and unfair that the lower court’s punishment (five million won of punishment, one year of suspended execution, and 80 hours of violent therapy lectures) is too uneasy.
B. Comprehensively taking account of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully considering the various sentencing grounds asserted by the prosecutor (the same shall apply in addition to the Defendant’s medical history and treatment details submitted in the trial) and there is no special circumstance to ex post facto change the sentencing.
3. In conclusion, the defendant's appeal should be dismissed by a ruling pursuant to Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act as there is no reason, the defendant's appeal does not separately dismiss the defendant's appeal, and all appeals by the defendant and the prosecutor are dismissed by a collective decision.