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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. According to the records on the determination of the Defendant’s appeal, the Defendant appealed against the lower judgment on August 18, 2017, and filed an appeal. On November 7, 2017, the Defendant did not submit a written reason for appeal within 20 days, which is the deadline for submitting the written reason for appeal, even if the Defendant received a notice of receipt of the records of trial from the lower court on November 7, 2017. The petition of appeal does not contain a specific statement on the grounds for appeal, and
On the other hand, on December 8, 2017, the Defendant filed a petition with this court for the appointment of a national defense counsel, and accordingly, the national defense counsel selected by the decision of this court submitted a written reason for appeal to this court on December 22, 2017. However, in a case not requiring a necessary attorney-at-law, but requiring the appointment of a national defense counsel pursuant to Article 33(3) of the Criminal Procedure Act, if the Defendant requested the national defense counsel to appoint a national defense counsel under Article 33(2) of the Criminal Procedure Act only after the period for submitting the written reason for appeal expires, and the court decided to appoint a national defense counsel, it is not necessary to notify the national defense counsel of the receipt of the records of trial. In such a case, the period for submitting the national defense counsel’s appeal is calculated from the date the Defendant received the records of trial (see Supreme Court Decision 2013Do4114, Jun. 27, 2013).
2. Determination on the prosecutor’s appeal
A. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence imposed by the court below against the defendant (the imprisonment of eight months and the suspended sentence of two years) is too uneasible and unfair.
B. In full view of the factors indicated in the records of the instant case, the lower court’s sentencing is asserted by the prosecutor, in view of the following: (a) the Defendant led to the instant crime in the first instance trial; and (b) the victim did not want the punishment of the Defendant by agreement with the victim.