사기
All appeals by the defendant and the prosecutor are dismissed.
1. On July 2, 2018, the Defendant did not submit a statement of reason for appeal within 20 days, the due reason for appeal, even though he/she received a notice of receipt of the record of trial from this court on July 2, 2018. The petition of appeal filed by the Defendant on June 21, 2018 does not indicate the reason for appeal, nor does it find any reason for ex officio examination even after examining the record.
2. Determination on the prosecutor’s appeal
A. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 10 million) is too uneasy and unreasonable.
B. In comparison with the judgment of the court below, there is no change in the conditions of sentencing in the court below, and the sentencing of the court below exceeded the reasonable scope of discretion.
In addition, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be unfair because it is too uneasible and unreasonable.
The prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act, 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. However, as long as the prosecutor's appeal is ruled above, the defendant's appeal shall also be dismissed in its judgment. It is so decided as per Disposition.