The appeal by the defendant and the prosecutor shall be dismissed.

1. Determination on the Prosecutor’s appeal 1) Summary of the grounds for appeal (2 million won in penalty) is too unfasible and unreasonable.

2) The judgment of the Defendant has a record of receiving juvenile protective disposition several times, and, in particular, the Defendant committed the instant crime without being aware of during the period of probation due to violent crimes, and the degree of assault committed by the Defendant against the victim is not less than that of the victim. Nevertheless, the Defendant did not agree with the victim, and the Defendant did not receive a written request from the victim is disadvantageous to the Defendant.

On the other hand, the following points are favorable to the defendant.

The Defendant led to the confession of the facts charged in the instant case, and his mistake is divided.

The defendant seems to have committed the crime of this case in a contingent manner by cultivating the victim's will and attitude.

On May 19, 2017, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Suwon Fagwon (2017 order 1778 order 2017 order 1778) and is still pending in the final appeal.

In addition, in full view of the various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, relationship with the victim, and equity with the same kind of case, the lower court's punishment is too uneasy and is not recognized as unfair.

Therefore, prosecutor's assertion is without merit.

2. The Defendant did not submit a statement of reasons for appeal within the submission period, even after receiving a notice of receipt of trial records of the first instance court on August 9, 2017, and the submitted petition of appeal does not indicate the reasons for appeal, and the Defendant did not ex officio investigate the grounds for appeal and find out any reasons for reversal of the judgment below. However, the Defendant did not appear at the trial date of the first instance court and stated that the summary of the reasons for appeal will coincide with other cases. However, this does not constitute legitimate grounds for appeal, and even if the Defendant’s grounds for appeal are examined ex officio by unfairly appointing the reasons for appeal, the judgment of the court below is justifiable.