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Defendant
All appeals filed by B and 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 Defendant B’s appeal, the Defendant filed an appeal against the lower judgment on June 8, 2017, and received a notice of receipt of the records of trial from the lower court on June 20, 2017, but failed to submit the statement of reason for appeal within 20 days, which is the period for submitting the statement of reason for appeal as prescribed in Article 361-3(1) of the Criminal Procedure Act, even though it received a notice of receipt of the records of trial from the lower court, and the petition of appeal does not contain any indication of reason for appeal and does not contain any reasons for ex officio examination even after examining the records. Thus, the Defendant
3. As to the reasons for the prosecutor’s appeal, Defendant A, who was at the center of yellow-ray double-ray so that it can turn to the left illegally, and Defendant B caused a traffic accident in violation of the limited speed of 38.5 km/h, thereby causing an injury to all five victims including the Defendants. The negligence and result are significant.
However, the defendants should take into account the most serious injury and agreed with the victims.
In addition, considering the various circumstances that form the conditions for sentencing, such as the age, sex, environment, motive, and consequence, etc. of the Defendants as shown in records and pleadings, the lower court’s punishment is only within the scope of reasonable discretion, and is not recognized to have reached the degree of undueness because it is too low.
Therefore, prosecutor's assertion is not accepted.
4. In conclusion, Defendant B’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.