상해
All appeals by the defendant and the prosecutor are dismissed.
1. A person who filed an appeal against a defendant shall submit a statement of grounds for appeal to the appellate court within 20 days from the date he/she receives the notice of the records of trial (Article 361-3(1) of the Criminal Procedure Act), and if the statement of grounds for appeal is not submitted within the said period, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the same Act). Meanwhile, the period from the date the defendant filed a request for the appointment of a national defense counsel until the date he/she receives a certified copy of the decision to dismiss the request for appointment of a national defense counsel shall not be included in the period for submission of the above statement of reasons (Article 156-2(4) of the Rules on Criminal Procedure). On January 25, 2017, even if the defendant received the notice of receipt of the records of trial from the court, the period for submission of the statement of reasons for appeal by the defendant to the date on which the decision to dismiss the appeal was served (Article 361-4 of the Criminal Procedure Act).
2. Judgment on the prosecutor's appeal
A. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unhued and unreasonable.
B. Determination 1) In light of the fact that the Criminal Procedure Act of Korea, which takes the trial-oriented principle and the direct principle, has a unique area for sentencing determination, and that there is an ex post facto nature of the appellate court, it is reasonable to respect the determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015).