건축법위반
All appeals filed against the Defendants and the Prosecutor A are dismissed.
1. According to the records of this case regarding the Defendants’ appeal, Defendant A filed an appeal against each judgment of the lower court on October 2, 2015, and Defendant B filed an appeal on October 7, 2015, and the Defendants did not submit the appellate brief within 20 days from the deadline for submitting the appellate brief under Article 361-3(1) of the Criminal Procedure Act while the Defendants received lawful written notification of the receipt of the appellate brief from this court on November 4, 2015. In addition, the Defendants’ defense counsel did not state the grounds for appeal in the written appellate brief, and the written appellate brief submitted by the Defendants on June 22, 2016 and the written appellate brief submitted by the Defendants on August 22, 2016, which was the date on which the deadline for submitting the appellate brief expires, but it cannot be deemed legitimate grounds for appeal as being raised after the lapse of the period for filing the appellate brief, and no ex officio examination is justifiable.
2. Determination on the prosecutor’s appeal against Defendant A
A. The summary of the grounds for appeal (e.g., both types of punishment and imprisonment) of the lower court against the Defendant is unreasonable as it is too uneasible.
B. In full view of the circumstances unfavorable to the Defendant, the fact that the nature of the instant crime is not good, or that there is no record of criminal punishment by the Defendant, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the motive, means, and consequence of the instant crime, etc., the lower court’s sentence against the Defendant cannot be deemed unreasonable, and thus, the Prosecutor’s assertion of unfair sentencing is without merit.
3. In conclusion, the Defendants’ appeal is dismissed pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, and the prosecutor’s appeal against Defendant A is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
The Defendants’ appeal shall be dismissed by a ruling, but the prosecutor’s appeal shall be made.