Defendant

All appeals filed by A and C and prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s sentence against Defendant A, C, and C (one year and two months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor (one year and two months of imprisonment for each of the Defendants, and two years of suspended execution for each of the Defendants: Defendant A and C) is too uneased and unreasonable.

2. A person who has withdrawn ex officio judgment on the appeal filed by Defendant C may not re-appeal the said case (Article 354 of the Criminal Procedure Act). According to the records of this case, Defendant C was present at the trial date on October 29, 2020 and sentenced to a judgment. Defendant C was on November 4, 2020, and the petition of appeal filed on November 4, 2020, and the same month.

5. Acknowledgement of the submission of a written withdrawal of appeal.

Therefore, the appeal of this case filed again on November 9, 2020, after Defendant C’s appeal period was over and after withdrawal of appeal was filed by Defendant C, as it was filed after the termination of the right to appeal, and the judgment of the court below cannot be seen as the grounds for ex officio investigation even after examining the judgment below.

Therefore, Defendant C’s appeal should be dismissed by means of a ruling pursuant to Articles 362(1) and 360(1) of the Criminal Procedure Act. However, Defendant C’s appeal shall be dismissed by a judgment as to the prosecutor’s appeal as follows, insofar as the public prosecutor’s appeal is rendered a ruling as follows.

3. Defendant A’s assertion and prosecutor’s assertion of unfair sentencing against Defendant A agreed with the victim D at the lower court. However, Defendant A committed the instant crime during the trial of the crime of coercion during the period of repeated crime of violation of the Electronic Financial Transactions Act. Defendant B’s participation in the instant crime is minor compared to other co-owners, Defendant C reached an agreement with the victim D, and the extent of the Defendants’ participation in the instant assault, and other various sentencing conditions indicated in the records, such as the Defendants’ age, sex, environment, motive, means and consequence of the instant crime, circumstances after the instant crime.