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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The appellant against the defendant's appeal shall submit a written reason for appeal to the appellate court within 20 days from the date he/she receives the notice of the records of trial (Article 361-3(1) of the Criminal Procedure Act). If the reason for appeal is not submitted within the prescribed period, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the same Act). According to the records, the defendant is not required to submit a written reason for appeal within 20 days from the date he/she receives the notice of receipt of the records of trial from the court on February 28, 2018 (20 days from the date he/she receives the above notice of receipt of the records of trial) even if he/she is notified of the receipt of the records of this case, and no reason for ex officio examination shall be found
Therefore, the decision to dismiss the defendant's appeal should be made in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is ruled on the appeal, the decision to dismiss the appeal should not be made separately and the decision will be rendered together.
2. Judgment on the prosecutor's appeal
A. The summary of the grounds of appeal 1) misunderstanding (the point of the act similar to riding voting) the fact that the Defendant installed two computer units on May 8, 2015 at the time of the discovery of the instant case on a farming household house and connected the illegal horse-raising site of the instant case to the manager’s seat. In full view of the Defendant’s mobile phone and account analysis, etc., the lower court erred by misapprehending the fact that the Defendant conspired with the operator of the said horse-riding site and carried out the sales of the other users on behalf of the other users, and thereby adversely affected the conclusion of the judgment.
2) The punishment sentenced by the lower court (one million won in penalty) is too unfluent and unfair.
B. The judgment of the court below as to the assertion of mistake of facts is examined, and the court below erred in this part of the facts charged on the ground that there were circumstances such as the three to four pages of the judgment.