사기
All appeals filed by the defendant and prosecutor are dismissed.
1. According to the records of the instant case’s judgment on the Defendant’s appeal, the Defendant did not submit the statement of grounds for appeal within 20 days from the date on which he/she was served with the notification of the receipt of the trial records on October 1, 2019, and the petition of appeal does not contain any indication of the grounds for appeal, and no grounds for ex officio investigation may be found even
Therefore, the defendant's appeal is dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act.
2. Determination on the prosecutor’s appeal
A. The summary of the grounds for appeal (a fine of eight million won) declared by the court below is too unhued and unreasonable.
B. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court, and in full view of the factors revealed in the instant argument, the lower court’s sentencing is too unfluent and so it does not seem to have exceeded the reasonable scope of discretion.
3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. 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 decided as above, the defendant's appeal shall also be dismissed by decision