All appeals filed by the defendant and prosecutor are dismissed.

Although the Defendant filed an appeal against the lower judgment on December 19, 2019, the lower court did not state the grounds for appeal in the petition of appeal. On January 6, 2020, even if the Defendant received the notification of the receipt of the trial record from the instant court on January 6, 2020, the Defendant did not submit the grounds for appeal within 20 days, which is the deadline for submitting the appellate brief under Article 361-3

On the other hand, on January 22, 2020, after receiving a written notification of the receipt of the trial record, the Defendant submitted a defense counsel appointment system to this court. On February 6, 2020, the Defendant’s defense counsel submitted the statement of grounds for appeal to this court.

However, where a defense counsel is appointed after the defendant received the notification of the receipt of the trial record, it is unnecessary to give the same notification again to the defense counsel, and the period for submission of the statement of grounds for appeal is calculated from the date when the defendant received the notification (see Supreme Court Decision 96Do166, Sept. 6, 1996). The grounds for appeal filed by the defendant in this case on February 6, 2020, which was submitted by the defense counsel, is unlawful and can not be subject to

Furthermore, even if examining the record ex officio, there is no ground for ex officio investigation in the judgment of the court below.

The appeal by a defendant shall be dismissed by decision in accordance with Article 361-4 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is ruled as follows, it shall not be decided in a separate dismissal of appeal and shall be declared together by decision.

The summary of the grounds for appeal by the prosecutor concerning the appeal by the court below (one year of imprisonment with prison labor, two years of suspended execution, and two hundred hours of community service) is too uneasy and unreasonable.

Judgment

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

Although the sentence of the first instance falls within the reasonable scope of discretion, the judgment of the first instance court is somewhat different from the opinion of the appellate court.