Text
Defendant
All appeals filed by A and prosecutor are dismissed.
An applicant for compensation shall be dismissed.
Reasons
1. The appellant shall submit a statement of grounds for appeal to the appellate court within 20 days from the date on which he/she receives the notification of the receipt of the trial records (Article 361-3(1) of the Criminal Procedure Act), and if the statement of grounds for appeal is not submitted within the said period, the appellate court shall dismiss
(1) According to the records, Defendant A did not submit the statement of grounds for appeal within the 20-day period for submitting the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act even if Defendant A received the notification of the receipt of the trial records from this court on August 5, 2015 after filing an appeal against the lower judgment. The petition of appeal does not contain any indication of the grounds for appeal, and there is no other reason for ex officio investigation even if examining records.
2. As to the prosecutor’s appeal
A. The summary of the grounds for appeal (for defendant A, 10 months of imprisonment, 2 years of probation, 1 year of probation, 160 hours of community service, 8 months of probation, 2 years of probation, 120 hours of community service) that the court below made is too unfasible and unfair.
B. The crime of this case is committed jointly with C and J, and there are unfavorable factors for sentencing, such as that the Defendants stolen 20 opphones owned by the victim and the nature of the crime is bad and did not recover from damage.
However, in light of the following: (a) the Defendants were in the trial for the first time, and the Defendants appeared to have committed the instant crime by deceiving 25 opphones from the victim; and (b) the Defendants continued to commit the instant crime; (c) there are circumstances to take into account the circumstances; and (d) other various circumstances, including the Defendants’ age, character and conduct, the environment, the details and details of the instant crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
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