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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. According to the records of the instant case’s judgment on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on December 29, 2015, and the Defendant received a notice of receipt of lawful records of trial from this court on January 14, 2016, and did not submit a statement of reason for appeal within 20 days, which is the period for submission of a statement of reason for appeal prescribed in Article 361-3(1) of the Criminal Procedure Act, even though the Defendant received a notice of receipt of legitimate records of trial from this court on January 14, 2016, and there is no indication of reason for appeal in the petition
2. Judgment on the prosecutor's appeal
A. The gist of the grounds for appeal (unfair sentencing) is that the lower court’s punishment (one million won in penalty) against the Defendant is too uneased and unreasonable.
B. In light of the means and circumstances of the instant crime, the fact that the nature of the instant crime is not good is unfavorable to the Defendant; however, the Defendant’s confession and reflects against the instant crime for the time when the Defendant was in the trial; the Defendant has no record of punishment; the Defendant’s social relation is clear; and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., the Defendant’s punishment against the Defendant cannot be deemed unfair, and thus, the Prosecutor’s argument
3. In conclusion, the defendant's appeal is dismissed under Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act, and the prosecutor's appeal is without merit. Thus, it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (the defendant's appeal shall be dismissed by decision, but the defendant's appeal shall be also dismissed by judgment as to the prosecutor's appeal.)