All appeals by the defendant and the prosecutor are dismissed.

1. According to the records of the instant case regarding the Defendant’s appeal, even if the Defendant received a notice of receipt of the records of trial on October 28, 2016, the Defendant did not submit a statement of reasons for appeal within 20 days from the date of receipt of the records of trial, and the petition of appeal does not state the reasons for appeal, and the lower judgment cannot be found even if examining the judgment below.

2. Determination on the prosecutor’s appeal

A. The decision of the court below on the gist of the grounds for appeal (4 million won in penalty) is unfair because it is too unhued.

B. It is recognized that the defendant not only has the record of fine, suspension of execution, and punishment for a total amount of time due to violent crimes, but also commits the crime of this case without being aware of the period of repeated crime due to the same kind of crime, and that he did not receive a letter from the victim.

However, considering the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the lower court’s punishment is too unfeasible and unreasonable, in light of the following factors: (a) the Defendant led to the confession of the crime; and (b) the Defendant’s age, sex, and environment; and (c) the motive, means and consequence of the instant crime;

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. The defendant's appeal shall be dismissed by decision under Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is decided as above, the defendant's appeal is dismissed by a judgment en bloc. It is so decided as per Disposition.