All appeals filed by the defendant and prosecutor are dismissed.

1. Although the Defendant filed an appeal against the lower judgment on October 16, 2018, and received lawful notification of the receipt of the trial record from the lower court on November 8, 2018, the Defendant did not submit the statement of grounds for appeal within the 20-day period for submitting the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act, and the petition of appeal does not contain any indication of the grounds for appeal, and even if ex officio examination is conducted, the grounds for appeal cannot be found ex officio.

Therefore, a decision to dismiss an appeal by a defendant pursuant to Article 361-4(1) of the Criminal Procedure Act should be made, but as long as a judgment is rendered on the appeal by a prosecutor, the dismissal of appeal shall not be decided separately, and a judgment

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (e.g., a fine of three million won) is too unhued and unreasonable.

B. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions of the Defendant compared to the lower court on the grounds that new materials for sentencing have not been submitted at the appellate court, and the sentencing conditions of the Defendant do not appear to have been excessive so that the sentencing of the lower court exceeded the reasonable scope of discretion, even if all of the sentencing grounds specified in the instant argument were to be comprehensively considered.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.