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All appeals by the Defendants are dismissed.
Reasons
1. After filing the instant appeal on June 27, 201, the Defendant failed to submit the reasoning of the appeal within 20 days, which is the submission period for the written reason of the appeal, even after receiving a notice of receipt of the records of trial on June 27, 2017. Moreover, the grounds for ex officio examination on the records need not be found in the petition of appeal.
Meanwhile, on July 18, 2017, the Defendant submitted a statement of grounds for appeal stating that “the Defendant asserts the grounds of an unfair appeal for sentencing” was “the grounds of appeal,” but the above argument cannot be a legitimate ground for appeal since it was filed after the lapse of the period for submission of the written grounds for appeal. Moreover, even if ex officio examination is conducted, the lower court’s punishment is without
Therefore, a decision to dismiss an appeal by a defendant should be made pursuant to Article 361-4(1) of the Criminal Procedure Act, but as long as a judgment is rendered against a joint defendant A, a decision to dismiss an appeal by a defendant shall not be made separately and a decision shall be rendered together with a judgment.
2. Judgment on Defendant A’s appeal
A. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, two years of suspended execution, and community service) is too unreasonable.
B. The lower court determined that the Defendant’s punishment was determined within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the appellate court. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable.
3. As such, Defendant A’s appeal is without merit, and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and Defendant B did not submit the grounds for appeal within the submission period. As seen earlier, the appeal is dismissed by judgment on the grounds as seen earlier. It is so decided as per Disposition.