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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The appellant of the defendant shall submit a written reason for appeal to the appellate court within 20 days after receipt of the records of trial (Article 361-3(1) of the Criminal Procedure Act), and if the statement of reason for 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). According to the records, the defendant is not required to submit a written reason for appeal within the submission period, even if he/she is duly served with the notice of receipt of the records of trial by this court on June 21, 2018, even if he/she is legally served with the notice of receipt of the records of trial by this court, and the petition of appeal does not contain any indication of reason for the appeal, and even
Therefore, the appeal by the above defendant should be dismissed by decision under Article 361-4 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is dismissed by decision as seen later, the appeal by the above defendant shall be dismissed by decision.
2. Appeal by a public prosecutor;
A. The summary of the grounds for appeal (the imprisonment of eight months, two years of suspended execution, and one hundred and sixty hours of community service) of the lower court is deemed to be too uneasy and unfair.
B. In comparison with the judgment of the court below, there is no change in the conditions of sentencing in the court below, and the sentencing of the court below exceeded the reasonable scope of discretion.
In addition, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be unfair because it is too uneasible and unreasonable.
The prosecutor's assertion is not accepted.
(c)
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit. It is so decided as per Disposition.