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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The appellant regarding the appeal of a defendant shall submit a written reason for the appeal to the appellate court within 20 days from the date on which he/she receives notice of the records of trial (Article 361-3(1) of the Criminal Procedure Act). If the written reason for the 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). The defendant, despite being served with the notice of receipt of the records of trial by this court on September 7, 2017, failed to submit a written reason for the appeal within the period for submitting the due reason for the appeal, even though he/she was served with the notice of receipt of the records of trial by this court on September 7, 2
2. Determination on the prosecutor’s appeal
A. The decision of the court below on the gist of the grounds of appeal (two years of imprisonment, three years of suspended execution, observation of protection, and community service order 160 hours) is too uneased and unreasonable.
B. The judgment of the Defendant is an unfavorable circumstance to the Defendant, for instance, that the Defendant continued further intimidation against the victims even though he/she is under investigation, and did not reach an agreement with the victims, and that there was a history of criminal punishment for the same kind of crime.
However, in full view of the favorable circumstances such as the fact that it appears that a certain crime has not been committed and has been committed in good faith after 2006 and the balance of the general punishments in the same and similar cases, and other various sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, it is difficult to view the lower court’s punishment as being too uneasible and unfair.
Therefore, the prosecutor's above argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the defendant's appeal shall be dismissed by decision under Article 361-4 (1) of the Criminal Procedure Act, but the prosecutor's appeal shall be dismissed as above.