All appeals by the defendant and the prosecutor are dismissed.

1. The appellant regarding the appeal of a defendant shall submit a written reason for the appeal to the appellate court within 20 days from the date on which he/she receives the notice of the record of trial (Article 361-3(1) of the Criminal Procedure Act). If the written reason for the appeal is not submitted within the said period, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the same Act). The defendant is notified of the receipt of the record of trial by this court on October 28, 2016, but fails to submit a written reason for the appeal within the period for submitting the due reason for the appeal. The petition of appeal does not contain any indication of the reason for the appeal and does not find any reason for ex officio examination on the records.

Therefore, the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is dismissed by decision as seen later, it shall be dismissed by decision.

2. Determination on the prosecutor’s appeal

A. The gist of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unfasible and unfair.

B. Determination of the instant crime is an unfavorable circumstance, such as the fact that the crime was committed with injury upon the elderly victims, and that there was a criminal conviction of not less than 10 times of punishment, including the Defendant, and that there was a criminal conviction of the same kind of violence.

However, in full view of the following: (a) the extent of injury to the victim is not serious; (b) favorable circumstances, such as the agreement with the victim; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (d) other various sentencing conditions, such as the circumstances after the crime, the sentence imposed by the lower court was proper, and the judgment of the lower court exceeded

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentence is too unfasible and unreasonable. Therefore, it is difficult to deem that the sentence is too unfasible.