사기
All appeals by the defendant and the prosecutor are dismissed.
On September 23, 2015, the Defendant appealed against the lower judgment and filed an appeal, and on December 4, 2015, the Defendant failed to submit a statement of reason for appeal within 20 days, which is the deadline for submitting a statement of reason for appeal, even if he/she received a notice of receipt of the record of trial from this court, and the petition of appeal does not contain reasons for filing an appeal.
Although the defendant asserts that the sentencing was the reason for appeal, there is no reason to ex officio investigate the judgment of the court below, as it is alleged after the lapse of the period for filing the appeal, and there is no reason to affect the judgment below.
Judgment on Prosecutor's Appeal
A. The summary of the grounds for appeal that the lower court rendered by the Defendant (2,00,000 won in penalty) is too unfasible and unreasonable.
B. Determination is an unfavorable circumstance, such as that the Defendant was punished once by imprisonment with labor for a crime related to property and was punished twice by a fine, and that there was a record of being punished 14 times by a fine, that the Defendant was unable to agree with the victim, and that the victim was willing to be punished, and that the damage was not recovered at all.
However, in light of the fact that the Defendant confessions the instant crime, and the Defendant’s instant crime is in a concurrent relationship between the crime of embezzlement finalized on June 5, 2015 and the crime of concurrent crimes established after Article 37 of the Criminal Act, the equity should be taken into account when rendering a judgment at the same time pursuant to Article 39(1) of the Criminal Act, and other various circumstances, which form the conditions for sentencing as indicated in the records and theories of the instant case, including the Defendant’s age, sex, environment, family relationship, means and consequence of the crime, and the circumstances after the crime, are considered, and thus, it cannot be deemed unfair since the Defendant’s punishment imposed by the lower court is too un
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the defendant's appeal shall be dismissed in accordance with Article 361-4 (1) and Article 361-3 (1) of the Criminal Procedure Act on the grounds that the prosecutor's appeal should be dismissed in accordance with a decision.