사기
Defendant
All appeals by prosecutors are dismissed.
1. The reasoning of the lower judgment regarding the Defendant’s appeal is apparent in the record that the Defendant was dissatisfied with the lower judgment and filed an appeal on September 5, 2018, and the Defendant did not submit a statement of reason for appeal to the lapse of 20 days from the receipt of the record of trial by this court on October 12, 2018, even if he/she received a notice of receipt of the record of trial from this court, and the petition of appeal does not contain any indication of the reason for appeal, and no reason for ex officio
2. Judgment on the prosecutor's appeal
A. The gist of the grounds for appeal is that the lower court’s punishment (one year and two months of imprisonment) is too unhued and unreasonable.
B. There is no change in the conditions of sentencing compared with the original judgment because a new sentencing data was not submitted in the trial at the lower court for the judgment, and comprehensively taking account of all the conditions of sentencing indicated in the records of this case, the lower court’s sentence was too unhued and exceeded the reasonable scope of discretion.
It is difficult to see it.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the defendant's appeal shall be dismissed by decision under Article 361-4 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is ruled on the prosecutor's appeal, the defendant's appeal shall also be dismissed as a judgment. It is so decided