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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal (public prosecutor) that the court below sentenced (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unfluent and unfair.
2. Determination
A. According to the records on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on January 17, 2020 and received a written notification of the receipt of the trial record from this court on February 3, 2020, but failed to submit the statement of grounds for appeal within 20 days, which is the submission period for the statement of grounds for appeal. The petition of appeal does not state the grounds for appeal, nor does it find reasons for ex officio examination even after examining the records.
Therefore, as long as the defendant's appeal should be dismissed by a ruling in accordance with Article 361-4 (1) of the Criminal Procedure Act, but the prosecutor's appeal is declared, a separate dismissal decision shall not be made and a judgment shall be rendered together
B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle as to the prosecutor’s appeal, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court with respect to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted at the trial court. In full view of all the reasons for sentencing indicated in the record of the instant case, the lower court’s sentencing is too low and so it cannot be deemed that the lower court exceeded the reasonable scope of discretion.
The prosecutor's assertion is without merit.
3. Conclusion, the appeal filed by the Defendant and the Prosecutor is all dismissed.