야간건조물침입절도등
All appeals by the defendant and the prosecutor are dismissed.
1. According to the records of the judgment on the appeal by the defendant, the defendant was sentenced to the judgment of the court below on July 5, 2017 and filed an appeal on July 12, 2017. However, it is recognized that the previous defendant submitted a written waiver of appeal to the court of the court below on July 5, 2017. Since it is apparent that the defendant's appeal is filed after the right to appeal has ceased to exist due to the waiver of the right to appeal, the defendant's appeal is clearly filed after the right to appeal has ceased to exist. Thus, a decision to dismiss the defendant's appeal in accordance with Articles 362 (1), 360, and 354 of the Criminal Procedure Act must be made, but as long as a judgment is rendered on the prosecutor's appeal
2. Determination on the prosecutor’s appeal
A. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unhued and unreasonable.
B. The lower court determined that the Defendant’s punishment was determined within a reasonable scope by fully taking account of the overall circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the trial of the Party. Therefore, even considering the circumstances asserted by the Prosecutor on the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable.
3. In conclusion, the defendant's appeal is unlawful. Thus, the defendant's appeal is dismissed under Articles 362 (1), 360, and 354 of the Criminal Procedure Act. The prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.