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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. A person who filed an appeal against a defendant shall submit a statement of grounds for appeal to the appellate court within 20 days from the date he/she receives notice of the records of trial (Article 361-3(1) of the Criminal Procedure Act). If the statement of grounds 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). Meanwhile, the period from the date the defendant filed a request for the appointment of a national defense counsel until the date he/she receives a certified copy of the decision to dismiss the request for appointment of a national defense counsel shall not be included in the period for submission of the above statement of reasons (Article 156-2(4) of the Regulation on Criminal Procedure). The defendant, even if he/she received a notice of receipt of the records of trial from the court on June 13, 2016, even if he/she received the notice of the receipt of the records of trial from the court, the period for submission of the legitimate grounds for appeal (Article 156-2).
Therefore, the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is dismissed by decision as seen later, it shall be dismissed by decision.
2. Determination on the prosecutor’s appeal
A. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended sentence, observation of protection, one hundred and twenty hours of community service order, and forty hours of alcohol treatment lectures) is too unfluent.
B. The instant crime was committed with dangerous objects and interfere with the performance of official duties for a long time, interfered with the restaurant business operated by the victimized female victim several times, and the nature of the crime was bad in the process of assault and damage, and was only agreed with the victim only once among the four-time crimes interfering with business affairs.