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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The gist of the grounds for appeal (public prosecutor) is too unfluent and unreasonable.
2. According to the records on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on November 3, 2016, and on November 24, 2016, received a notice of receipt of the records of trial from the lower court, but failed to submit the statement of reasons for appeal within 20 days, which is the period for submitting the statement of reasons for appeal as prescribed in Article 361-3(1) of the Criminal Procedure Act, and the petition of appeal does not contain any indication of reasons for appeal and does not contain any reasons for ex officio examination even after examining the records. Thus, the Defendant’s appeal is accompanied by the law.
3. As to the reasons for the prosecutor’s appeal, the Defendant exercised domestic violence that inflicts an injury on his/her spouse and did not agree with the victim, and has been punished several times for violent crimes.
However, considering the fact that the Defendant was injured by a franchis during a divorce lawsuit with the victim and inflicted an injury on the victim by contingent, and the victim was subject to a disposition of suspension of indictment by inflicting an injury on the Defendant, the circumstances leading up to the crime and the degree of the injury suffered by the victim seems to be relatively minor.
In addition, considering the various circumstances, such as the defendant's age, sexual conduct, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the sentence of the court below is within the scope of reasonable discretion, and it is not recognized that the defendant's punishment has reached the degree of undue punishment because it is too unfasible.
Therefore, prosecutor's assertion is not accepted.
4. In conclusion, the defendant's appeal is unlawful and thus, pursuant to Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act, the prosecutor's appeal is without merit, and it is all dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.