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Defendant
A All appeals filed by the Defendants and prosecutor are dismissed.
Reasons
1. Grounds for appeal;
A. According to the records of this case, the Defendant filed an appeal against the lower judgment on July 3, 2019, and served a notice for the appointment of a public defender on August 1, 2019, and did not submit the statement of grounds for appeal within 20 days from the receipt of the notification of receipt of trial records and the notice for the appointment of a public defender. The petition of appeal does not state the grounds for appeal in the petition of appeal, and the judgment of the lower court cannot find the reasons for ex officio investigation even if examining the judgment.
B. The lower court’s punishment against the Defendants (e.g., Defendant A, C: each fine of KRW 3 million, Defendant B: fine of KRW 2 million) is too uneased and unreasonable.
2. Where there is no change in the conditions of sentencing compared to the judgment of the court below on the grounds of appeal by the prosecutor, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it
(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The grounds for unfair sentencing, as asserted by the prosecutor, appears to be the circumstances in which the lower court determined the Defendants’ punishment, and sufficiently considered. There are no circumstances to deem that the conditions of sentencing were changed in the appellate court, and the lower court’s punishment against the Defendants is reasonable within the reasonable scope of discretion, considering the aforementioned conditions of sentencing in the lower court.
Therefore, the prosecutor's assertion is not acceptable, since the sentence imposed by the court below is too unjustifiable.
3. In conclusion, the prosecutor's appeal against the Defendants is without merit and is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. Defendant A's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is rendered a judgment on the appeal, the dismissal of appeal shall not