All appeals filed by the defendant and prosecutor are dismissed.

1. On February 19, 2020, the Defendant filed an appeal against the lower judgment on February 19, 2020, and even if he received lawful notification of the receipt of the trial record from the lower court on March 11, 2020, the Defendant did not submit the statement of grounds for appeal within the 20-day period for submitting the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act, and even if the petition of appeal does not contain any statement of grounds for appeal in the petition of appeal and ex officio

Therefore, the defendant's appeal should be dismissed pursuant to Article 361-4 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is sentenced, the dismissal of appeal shall not be decided separately, and the judgment shall be sentenced together.

2. Determination on the prosecutor’s appeal

A. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor and three years of suspended execution, etc.) is too unhued and unfair.

B. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it in the appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In general, the lower court determined the punishment by taking into account various circumstances as stated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and circumstances after the crime, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion because it is too unfeasible.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.