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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. On November 26, 2015, the fact that the Defendant was dissatisfied with the lower judgment and filed an appeal on December 17, 2015, and failed to submit a statement of reason for appeal within 20 days from the date he/she was duly served with a notice of receipt of the records of trial on December 17, 2015 is obvious in the record, and the Defendant’s petition of appeal does not contain any reason for appeal, and the reasons for ex officio examination on the records cannot be found.
Therefore, a decision to dismiss an appeal by a defendant under Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act should be made. However, 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 made together without a decision to dismiss an appeal.
2. Determination on the prosecutor’s appeal
A. The sentence of imprisonment (six months of imprisonment, two years of suspended execution, and 80 hours of community service order) by the court below on the gist of the grounds of appeal is unreasonable because it is too unfasible.
B. Examining the grounds for sentencing and the grounds for sentencing of the judgment of the court below as indicated in the records and changes of the instant case, even if the prosecutor asserts on the grounds of appeal, the sentence of the court below cannot be deemed to be too unjustifiable and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act, and the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.