Text
Defendant
All appeals filed against A and Prosecutor B, C and D are dismissed.
Reasons
1. On January 12, 2016, Defendant A was dissatisfied with the lower judgment and filed an appeal on January 12, 2016, and failed to submit a statement of reason for appeal within 20 days from the receipt of the record of trial on February 17, 2016. Defendant A’s petition of appeal does not contain any reason for filing an appeal, and the reasons for ex officio examination on the record need not be discovered.
Therefore, pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, a decision to dismiss an appeal filed by a defendant A should be made, but as long as a decision is rendered on the prosecutor’s appeal, a decision to dismiss an appeal should not be made separately, and a decision should be rendered together without a decision to dismiss an appeal.
2. Determination on the prosecutor’s appeal
A. The summary of the grounds for appeal is that the court below’s sentence against Defendant B, C, and D (one year of imprisonment, three years of probation, three years of community service order, 80 hours of community service order, 10 months of probation, three years of probation, and 80 hours of community service order) is too uneased and unfair.
B. The judgment of Defendant B, C, and D jointly sought property by harming the victim, and during that process, a considerable amount of violence was exercised against the victim. Therefore, the nature of the crime is not weak.
However, the above Defendants are against the crime and agreed with the victim during the investigation process.
The crime was also attempted.
In addition, comprehensively taking into account all other circumstances such as the above Defendants’ age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment against the above Defendants is too uneasy and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, Defendant A’s appeal is dismissed in accordance with Article 361-4(1) of the Criminal Procedure Act, and each appeal filed against Defendant B, C, and D pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.