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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. On December 3, 2018, the Defendant had lawfully received the notification of the receipt of the trial record from this court on December 3, 2018, and did not submit the statement of the grounds for appeal within 20 days from the deadline for submitting the statement of grounds for appeal. The petition of appeal does not state the grounds for appeal, and there is no other reason for ex officio investigation
Therefore, the defendant's appeal should be dismissed by decision, but since the prosecutor's appeal is dismissed by decision as follows, a separate dismissal decision is not made, and a judgment is also rendered.
2. Judgment on the prosecutor's appeal
A. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court is too unhued and unreasonable.
B. The Defendant had a record of having been punished several times for violent crimes, and committed the instant crime during the suspended execution period.
However, victims did not have a big damage.
The victim does not want the punishment of the defendant by agreement with the defendant.
It is recognized that the health conditions of defendants are not good.
The defendant has no history of criminal punishment exceeding the suspension of execution.
In full view of such circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s sentence against the Defendant is too uneasible and unreasonable.
3. The appeal by the defendant is dismissed in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, and the prosecutor's appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.