폭행
All appeals by the defendant and the prosecutor are dismissed.
1. According to the records of this case regarding the defendant's appeal, the defendant filed an appeal against the judgment below on October 19, 2017, and the defendant was notified of lawful receipt of records of trial by this court on December 18, 2017, but failed to submit a statement of grounds for appeal within the submission period for 20 days of appeal prescribed in Article 361-3 (1) of the Criminal Procedure Act, and the petition of appeal does not include the grounds for appeal in the petition of appeal, and it cannot be found any other reason for ex officio investigation on the records, and thus, the court shall decide to dismiss the defendant's appeal pursuant to Article 361-4 (1) of the Criminal Procedure Act. However, as long as the court rendered a judgment on the prosecutor's appeal, the court shall decide not to separately decide to dismiss the defendant's appeal against the prosecutor's appeal and shall decide together
2. Determination on the prosecutor’s appeal
A. The reasoning of the appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
B. The Defendant had a criminal record of the same kind of violence, and the Defendant was not aware of the violation of the Act on the Protection of Children’s Juveniles from Sexual Abuse during the period of suspension of execution, and was merely aware of the victim’s act of violating the Act on the Protection of Juveniles from Sexual Abuse, and thus, the victim was punished against the Defendant. However, the Defendant recognized the instant crime, and the degree of damage was not severe, and considering other circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, which are the conditions of sentencing specified in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Prosecutor’s assertion is without merit.
3. Conclusion of the appeal by the Defendant and the Prosecutor is dismissed. It is so decided as per Disposition.