무고등
All appeals filed by the defendant and prosecutor are dismissed.
1. A person who has waived the judgment on the appeal by the defendant shall not re-appeal the case (see Article 354 of the Criminal Procedure Act). According to the records, the defendant submitted a written waiver of the right to appeal to the court below on June 27, 2016 to the court below on which it was pronounced on June 23, 2016. The prosecutor submitted a written appeal to the court below on June 29, 2016, and the prosecutor submitted a written appeal to the court below on June 29, 2016. The defendant also submitted the written appeal to the court below on July 25, 2016, where the period for filing
In light of the method and purport of the statement of grounds of appeal, it can be seen as a petition of appeal, but since the appeal was already waived and the period for filing the appeal has already expired, it is necessary to dismiss the defendant's appeal by decision pursuant to Articles 362 (1) and 360 of the Criminal Procedure Act, but the appeal shall be dismissed by decision in a lump sum with the prosecutor's appeal
2. Determination on the prosecutor’s appeal
A. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months of imprisonment) is too unhued and unfair.
B. The judgment of the court below is unreasonable in light of the following factors: (a) although the Defendant abused and inflicted an injury on the victim, the Defendant filed a false accusation against the victim, and filed a false accusation; (b) the victim did not take any particular measures to recover from damage; (c) the Defendant did not reach an agreement with the victim; (d) the victim wants to punish the victim; and (e) the Defendant had the same criminal records as the Defendant had a same kind of criminal records; (b) the Defendant argued with the victim in a pro-friendly relationship with the victim by text messages; (c) the Defendant has inflicted an injury on the victim by contingency; and (d) balance with the general sentencing in the same or similar case with the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime; and (e) all the sentencing conditions indicated in the argument in the instant case, including circumstances after the crime