자동차손해배상보장법위반등
All appeals by the defendant and the prosecutor are dismissed.
1. The appellant against the Defendant’s appeal shall submit a written reason for appeal to the appellate court within 20 days from the date he/she receives the notice of the records of trial (Article 361-3(1) of the Criminal Procedure Act). If the reason for appeal is not submitted within the said period, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the same Act). According to the records of this case, even if the Defendant received a notice of receipt of the records of trial from this court on August 3, 2017, he/she did not submit a written reason for appeal within the period for submitting the documents of reason for appeal, and the petition of appeal does not contain any indication of reason for ex officio examination on the records and cannot find any reason otherwise.
2. Judgment on the prosecutor's appeal
A. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
B. Considering that there is no particular change in the sentencing conditions compared with the original judgment, and that there are various sentencing conditions as shown in the records and arguments of this case, the lower court’s punishment seems unfair, and the prosecutor’s above assertion is without merit.
3. In conclusion, the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is concurrently ruled, the defendant's appeal shall also be dismissed by judgment. Since the prosecutor's appeal is without merit, it shall be dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.