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All appeals by the prosecutor and the defendant are dismissed.
Reasons
1. According to the records of the instant case’s judgment on the Defendant’s appeal, the Defendant did not submit the statement of grounds of appeal within 20 days from the submission deadline of the appellate brief, even if the Defendant was served with the notification of the receipt of the notification of grounds of appeal on May 31, 2012 after dissatisfied with the lower judgment, and filed an appeal on July 24, 2012. There is no particular reason for ex officio investigation.
Therefore, the dismissal of a defendant's appeal should be decided on the appeal, but the prosecutor also should make a decision on the appeal. Therefore, the dismissal of a defendant's appeal should not be decided separately.
2. Judgment on the prosecutor's appeal
A. In light of the fact that the summary of the grounds for appeal did not recover from damage, and that the defendant had previous records, etc., the sentence of imprisonment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) imposed by the court below is too uneasible and unfair.
B. Determination is an unfavorable circumstance, where the victim wants to punish the defendant, and the defendant has a large number of previous records.
However, it is more desirable to give the defendant an opportunity to recover from damage because the amount of damage to the crime of this case is not the largest amount, and the defendant is recognized and against the crime of this case, and the defendant is not bound by the defendant's personal disease.
In this context, considering various circumstances revealed in the records and arguments, the defendant's character and behavior, environment, etc. of the defendant, since the sentence imposed by the court below against the defendant cannot be deemed unfair, the prosecutor's above assertion is without merit.
3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.