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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The appellant against the Defendant’s appeal shall submit a written reason for appeal to the appellate court within 20 days from the date he/she receives the notice of the records of trial (Article 361-3(1) of the Criminal Procedure Act). If the reason for appeal is not submitted within the said period, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the same Act). According to the records of this case, the Defendant, despite being served with the notice of receipt of the records of trial by this court on December 7, 2016, failed to submit a written reason for appeal within the submission period for the written reason for appeal, and the petition of appeal does not contain any indication of the reason for appeal and cannot find any reason otherwise recorded in the records.
2. Judgment on the prosecutor's appeal
A. The gist of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, two years of suspended sentence, two years of probation, observation of protection, community service, 120 hours, 24 hours’ compliance driving lectures, and 40 hours’ alcohol treatment lectures) is too unfasible and unfair.
B. Considering that there is no particular change in the sentencing conditions compared with the original judgment, and that there are various sentencing conditions as shown in the records and arguments of this case, the lower court’s punishment seems unfair, and the prosecutor’s above assertion is without merit.
3. In conclusion, the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is concurrently ruled, the defendant's appeal shall also be dismissed by judgment. Since the prosecutor's appeal is without merit, it shall be dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.