Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant (which did not submit a written reason for appeal) was served on November 27, 2019 by the receipt of the record of trial, but failed to submit a written reason for appeal within 20 days, the submission period for the written reason for appeal; the petition of appeal does not indicate the reason for appeal; the Defendant did not appear on the trial date for the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial; and even examining the record
Therefore, a decision to dismiss an appeal by a defendant under Article 361-4(1) of the Criminal Procedure Act shall be made; however, as long as a judgment is rendered on the appeal by a prosecutor, a separate decision to dismiss an appeal shall not be made and a decision shall be rendered concurrently (see, e.g., Supreme Court Decision 69Do143, May 27, 1969). B. The prosecutor (unfair sentencing) of the lower court’s punishment (limited to KRW 7 million) is too uneasy and unreasonable.
2. The Defendant, who was punished for various violent crimes, committed each of the instant crimes again during the period of repeated crime after having been sentenced to imprisonment with prison labor due to habitual assault, etc.
The nature of each of the crimes in this case is not good in light of the implements of each of the crimes in this case and the attitude of the act.
On the other hand, the Defendant recognized all of the crimes of this case and reflected.
The defendant does not want the punishment of the defendant in the original trial by mutual consent between the victims.
It seems that the health condition of the defendant seems to be very good.
In addition, comprehensively taking account of all other circumstances that form the conditions for sentencing as indicated in the records and theories of the instant case, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment cannot be deemed to have exceeded the reasonable scope of discretion as it is excessively unflu
3. In conclusion, the Defendant did not submit a written reason for appeal, and the prosecutor’s appeal is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.