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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence of the lower court (a fine of three million won) is too unhued and unreasonable.
B. After filing an appeal on April 11, 2016, the Defendant is clear that he/she did not submit the statement of grounds for appeal even if he/she received the notification of the receipt of trial records from this court on October 11, 2016, and even if he/she received the notification of the receipt of trial records, he/she did not state the grounds for appeal in the petition of appeal and cannot be seen as having found any grounds for ex officio examination even if examining the record.
2. It is reasonable to respect the sentencing of the first instance court in a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the grounds for appeal by the prosecutor, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance court’s judgment and to refrain from imposing a sentence that differs from
(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal principles, there is no change in the conditions of sentencing compared to the original judgment as the materials did not submit new sentencing materials in the trial and the sentencing grounds recognized in the materials, and in full view of all the factors, the lower court’s sentencing is too unfluent and so it is not recognized that the lower court exceeded the reasonable scope of discretion.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit, and the defendant's appeal shall be dismissed in accordance with Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is decided on the appeal, it shall be dismissed in a lump