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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. On August 26, 2013, the Defendant filed an appeal against the lower judgment on August 26, 2013, and thereafter, on November 29, 2013, the fact that the Defendant did not submit the statement of appeal within 20 days from the notification of the receipt of the trial record and the notification of the appointment of a state appointed defense counsel, is apparent in the record, and the Defendant’s petition of appeal does not contain any grounds for appeal, nor does there exist any grounds for ex officio investigation in the record. Thus, the Defendant’s appeal should be dismissed pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act. However, as long as the lower court rendered a judgment on the prosecutor’s appeal, the dismissal of the Defendant
2. Judgment on the prosecutor's appeal
A. The summary of the grounds for appeal is that the sentence of the lower court (7 million won of a fine) is too minor.
B. The fact that the defendant committed the instant crime within the period of repeated crime even though he/she had the same kind of power three times, and that he/she denies the crime is disadvantageous to the defendant.
However, the sentence of the court below is reasonable in examining the motive for the instant crime, circumstances before and after the instant crime, Defendant’s age, character, experience, environment, etc., and the following facts: (a) the Defendant was given and received philophones once, and was not administered; (b) the Defendant provided care for the mother suffering from Maam and Tinson’s disease; (c) the Defendant appears to have a big difficulty in living among his family members when the Defendant is admitted; (d) the Defendant’s wife and wife wanted to take the Defendant’s wife; and (e) the Defendant’s age, character, career, environment, etc.
3. According to the conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.