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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Determination on the Prosecutor’s Appeal 1) The summary of the grounds for appeal (one-month imprisonment) by the lower court is too unfasible and unreasonable. 2) The lower court sentenced the Defendant to four months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable circumstances.
In full view of the following: (a) the conditions for sentencing in this court; (b) the Defendant repeatedly commits a crime for a short period of time; (c) the degree of interference with business is relatively minor and the Defendant’s act of expressing his or her severe mind; and (b) the equity in the case of a judgment simultaneously with each of the crimes in which the judgment becomes final and conclusive, there is no circumstance that the lower court’s judgment exceeded the reasonable bounds of discretion; or (d) the lower court’s judgment is deemed unreasonable to maintain it as it is.
In addition, even if the circumstances and results of the instant crime were to be considered after the commission of the crime, the age, character and conduct, environment, etc. of the Defendant, the sentence of the lower court is deemed inappropriate because it is too unreasonable.
2. On June 26, 2018, after the expiration of the period for appeal, the Defendant filed an appellate brief to the effect that he/she is dissatisfied with the judgment of the court below with this Court.
Since the defendant's right to appeal has ceased to exist after the lapse of the period, it is necessary to decide to dismiss the defendant's appeal in accordance with Articles 362 (1), 360 (1), and 358 (1) of the Criminal Procedure Act.
However, as long as a judgment is rendered on the appeal of the prosecutor, the appeal of the defendant shall not be decided separately, and shall be declared together by the judgment.
3. The appeal by the conclusion prosecutor and the defendant is groundless, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.