Defendant

All appeals by prosecutors are dismissed.

1. According to the records of this case’s judgment on the Defendant’s appeal, the Defendant did not submit the appellate brief within the lawful period for submission of the appellate brief despite the receipt of the notification of the receipt of the trial record on May 29, 2019, and the petition of appeal does not contain any grounds for appeal, and further, the grounds for ex officio investigation cannot be found even after examining the records.

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

(See Supreme Court Decision 69Do143 delivered on May 27, 1969). 2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal that the court below rendered by the defendant is improper because the punishment (three million won of a fine) imposed by the defendant is too unhued.

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 particular change in the sentencing conditions compared with the original judgment on the grounds that new sentencing materials have not been submitted in the health department and the trial on the grounds of the foregoing legal doctrine, and the reason for sentencing alleged by the prosecutor appears to be the circumstances that the lower court has already considered in determining the punishment.

In addition, in full view of the following factors: Defendant’s age, character and conduct, environment, criminal records, the developments and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., the sentencing of the lower court cannot be said to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unhued.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.