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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The Defendant: (a) received the lower judgment on September 22, 2016 and filed an appeal against the lower judgment on September 28, 2016; and (b) received a notice of receipt of the record of trial from the court on July 28, 2017 by public notice and served the notice of receipt of the record of trial on July 28, 2017; (c) did not submit the statement of grounds for appeal within 20 days, which is the period for submission of the legitimate statement of grounds for appeal; (d) did not indicate the grounds for appeal even in the petition of appeal submitted by the
2. Judgment on the prosecutor's appeal
A. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in prison labor for up to eight months) is too unfluent and unfair.
B. Determination is based on the following: (a) the amount of damage caused by the instant crime is considerably large amount of KRW 16 million; (b) the Defendant compensated the victim for the amount of KRW 20 million; (c) the remainder is still at least a certain amount; (d) the Defendant was unable to agree with the victim; and (e) the Defendant has been punished for the same kind of crime, which is disadvantageous to the Defendant.
However, considering the following factors: (a) the Defendant recognized the instant crime; (b) the victim is fully responsible for the expansion of damage; (c) there is no record of criminal punishment exceeding the fine; and (d) the Defendant’s age, sexual conduct, environment, family relationship, motive, and circumstances after the commission of the instant crime; (b) the lower court’s punishment cannot be deemed to be unfair as it is too unfasible; and (c) the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with 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 in accordance with a decision pursuant to Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is ruled as above, the defendant's appeal also is dismissed by judgment. It is so decided as per Disposition.