All appeals filed by the defendant and prosecutor are dismissed.

1. The defense counsel of the court below under Article 341 (1) of the Criminal Procedure Act that judged the appeal of the defendant may file an appeal for the defendant.

The defendant's right to appeal is not recognized as a defense counsel's own right to appeal, and the defendant's right to appeal is not allowed to appeal after the defendant's right to appeal has been extinguished, and the person who has waived the appeal can not appeal again in accordance with Article 354 of the Criminal Procedure Act.

(See Supreme Court Decision 98Do253 Decided March 27, 1998. According to the record, the Defendant submitted a written waiver of the right to appeal to the lower court on September 16, 2015 regarding the lower judgment that was pronounced on September 10, 2015, to the lower court. The Defendant’s defense counsel submitted the petition of appeal to the lower court on September 17, 2015, the following day, and the Defendant also submitted the petition of appeal to the lower court on September 17, 2015.

The defendant submitted a written waiver of the right to appeal on September 16, 2015 to waive the appeal, and there is no reason to deem the waiver of the defendant's right to appeal invalid, so the defendant's right to appeal has ceased to exist on the same day.

Therefore, even if the defendant and his defense counsel submitted a petition of appeal before the expiration of the subsequent appeal period, it is unlawful to dismiss it by a ruling under Articles 362(1) and 360 of the Criminal Procedure Act. However, as long as a judgment is rendered on the prosecutor's appeal, the defendant's appeal shall be dismissed by a judgment as stated in the Disposition above.

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court (three years of imprisonment, confiscation) is too unfased.

B. In full view of the various factors mentioned in the judgment of the court below in the "decision of sentence" (section 4 of the judgment of the court below) and various sentencing conditions as shown in the argument of this case, it is not recognized that the sentence against the defendant is too uneasible and unfair. Thus, the prosecutor's assertion is without merit.