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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. According to the records of this case regarding the Defendant’s appeal, even if the Defendant received a notice of receipt of the records of trial on December 29, 2017 and received the notice of receipt of the records of trial on December 2017, the Defendant did not submit a written reason for appeal within 20 days from the date, and the petition of appeal does not state the reason for appeal, and even if examining the judgment below, no reason for ex officio investigation can be found (the Defendant appointed a private defense counsel on February 14, 2018, which was after the receipt of the notice of receipt of the records of trial, and the private defense counsel only submitted the reason for appeal on March 13, 2018, which was far earlier than the due reason for appeal). 2.
A. The decision of the court below on the gist of the grounds of appeal (two months of imprisonment with prison labor for six months and two years of probation, and one hundred and sixty hours of community service order) is too unhued and unreasonable.
B. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court as the submission of new materials for sentencing in the trial on the basis of the foregoing legal doctrine, and there is no change in the conditions of sentencing compared with the lower court, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing was too uneasible, and thus, exceeded
It does not appear.
Therefore, prosecutor's assertion is without merit.
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. The defendant's appeal shall be dismissed by decision under 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 is dismissed by a judgment en bloc. It is so decided as per Disposition.