Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. A person who filed an appeal against a defendant shall submit a written reason for appeal to the appellate court within 20 days from the date he/she receives the notice of the records 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 decision (Article 361-4(1) of the same Act). According to the records of this case, the defendant, even if he/she received a notice of receipt of the records of trial from this court on January 11, 2017, failed to submit the statement of reason for appeal within the period for submitting the records of appeal, and the petition of appeal does not contain any indication of reason for appeal and does not find any reason for ex officio examination on records.
2. Judgment on the prosecutor's appeal
A. The main point of the grounds for appeal is that the lower court’s punishment (a 5 million won penalty, 5 million won complete complete complete complete complete complete complete complete complete complete complete complete complete complete complete complete complete complete complete complete complete complete complete complete completes and is unreasonable.
B. Although the Defendant made a confession of the instant crime against his mistake when he led to the Defendant’s judgment, the Defendant appears to have caused considerable sexual humiliation due to the instant crime, and the Defendant was unable to agree with the victim until the Defendant was in the trial, in full view of the circumstances leading to the instant crime, circumstances after the commission of the crime, Defendant’s environment, etc., and various sentencing conditions indicated in the record and the theory of change, the lower court’s punishment is too uneasible and unfair. Thus, the Prosecutor’s assertion is without merit.
3. In conclusion, the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is concurrently ruled, the defendant's appeal shall also be dismissed by judgment. Since the prosecutor's appeal is without merit, it shall be dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.