상해
Defendant
All appeals filed by A and the prosecutor against the Defendants are dismissed.
1. According to the records of the judgment on Defendant A’s appeal, the Defendant filed an appeal against the judgment of the first instance on November 14, 2016. On March 24, 2017, the Defendant received service of the notice of receipt of the court’s records and the notice of appointment of the national defense counsel by means of public disclosure. The Defendant is acknowledged to have failed to submit the reason for appeal within the submission period of the statement of reason for appeal prescribed in Article 361-3(1) of the Criminal Procedure Act. Thus, even if the petition of appeal submitted by the Defendant does not contain specific reasons for appeal and the records are examined, there is no reason to ex officio investigation that might affect the judgment below.
2. Judgment on the prosecutor's appeal
A. The summary of the grounds for appeal (unfair sentencing) each of the first deliberation on the Defendants (an amount of KRW 7 million) is deemed to be too uneasible and unfair.
B. There is no change in circumstances that may be considered in sentencing after the judgment of the first instance court, and considering the various conditions of sentencing as shown in the records and arguments in the instant case, even considering the circumstances asserted by the prosecutor on the grounds of appeal, the first deliberation sentence against the Defendants cannot be deemed unfair because it is too low.
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, and the defendant A's appeal shall be dismissed by decision under Article 361-3 (1) of the Criminal Procedure Act, but the prosecutor's appeal shall be dismissed by decision as to the prosecutor's appeal. However, as long as it is so decided as above, the prosecutor's appeal shall