상해등
All appeals by the defendant and the prosecutor are dismissed.
1. According to the records of this case’s judgment on the Defendant’s appeal, even after receiving the notice of receipt of the records of trial on August 18, 2015, the Defendant submitted a written reason for appeal on October 14, 2015, which is far less than 20 days from the date of the receipt of the records of trial (the Defendant submitted a request to appoint a national defense counsel on September 21, 2015, which was later than the deadline for submitting the lawful grounds for appeal). The petition of appeal does not contain any indication of the grounds for appeal, nor can the grounds for ex officio investigation be found even after examining the judgment below.
2. Determination on the prosecutor’s appeal
A. The decision of the court below on the gist of the grounds of appeal (three years of imprisonment with prison labor for one year suspended, three years of protection surveillance, and 120 hours of community service order) is too uneased and unreasonable.
B. In light of the form, method, frequency, etc. of each of the instant crimes, it is recognized that the Defendant not only has been punished twice by a fine due to the same kind of violent crime, but also has been punished several times due to the same kind of violent crime, the Defendant has been subject to suspended execution, and the degree of damage is not easy, and that there is no agreement with the victims.
However, considering the following factors: (a) the Defendant’s mistake is divided; (b) deposited KRW 6 million for victims; and (c) the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes; and (d) the sentencing conditions and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, such as the circumstances after the commission of the instant crimes, etc., the lower court’s punishment is too unfeasible and unfair.
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. The defendant's appeal shall be dismissed by decision under Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is decided as above, the defendant's appeal is dismissed by a judgment en bloc. It is so ordered.