사기
All appeals filed by the defendant and prosecutor are dismissed.
1. On June 21, 2019, the Defendant was dissatisfied with the lower judgment and filed an appeal. On July 9, 2019, the Defendant did not submit the appellate brief within the submission period for the appellate brief within 20 days under Article 361-3(1) of the Criminal Procedure Act, even if he/she was notified of the receipt of the notification of the receipt of the trial record by this court on July 9, 2019, and the petition of appeal does not contain any grounds for appeal, nor does the grounds for ex officio
Therefore, the defendant's appeal should be dismissed by decision, but as long as the prosecutor's appeal is ruled as follows, a separate dismissal decision shall not be made and a judgment shall be rendered together.
2. Determination on the prosecutor’s appeal
A. The lower court’s punishment (two months of imprisonment, two years of suspended execution, two years of forfeiture) against the Defendant as to the summary of the grounds for appeal is deemed to be too uneasy and unfair.
B. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared to the lower court’s failure to submit new sentencing data in the trial, and the circumstances alleged by the prosecutor on the ground of unfair sentencing are deemed to have been reflected in the grounds for sentencing by the lower court. In full view of the following circumstances, the lower court’s sentencing is not deemed unfair because the lower court’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime were committed, etc., which are the conditions for sentencing specified in the instant records and arguments, including the following circumstances.
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 dismissed in accordance with Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act. It is so ordered.