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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The appellant regarding 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 record of trial (Article 361-3(1) of the Criminal Procedure Act), and if the written reason for appeal is not submitted within the said period, the appellate court shall dismiss the appeal by its ruling (Article 361-4(1) of the same Act). According to the records, the Defendant, upon receiving the notice of receipt of the record of trial from this court on December 1, 2016, failed to submit the written reason for appeal within the period for submitting the record of the appeal, even if he/she is duly served with the notice of receipt of the record of trial from this court, and the petition of appeal does not indicate the reason for appeal
Therefore, the defendant's appeal should be dismissed by decision in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as the defendant's appeal is decided on the prosecutor's appeal, it is decided not to decide a separate dismissal of appeal against the defendant and also to be declared together by decision.
2. Determination on the prosecutor’s appeal
A. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, two years of suspended execution, observation of protection, 80 hours of community service) is too uneasy and unfair.
B. The Defendant’s overall denial of the instant crime and did not reflect his mistake, and the Defendant inflicted injury on the victim of old age on the ground of minor negligence, and in the process, there are very poor circumstances such as the use of steel chairs, etc.
However, there are more favorable circumstances such as the fact that the defendant deposited 2 million won for the victim in the court below, and the fact that there are many records of punishment for the same crime, but there is no record of exceeding the fine among them.
In addition, there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment, and all the records and arguments of this case, such as the age, sex, environment, motive and circumstances of the crime, and circumstances after the crime, etc.