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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Judgment on the prosecutor's appeal
A. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unhued and unreasonable.
B. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The instant crime is deemed to have been committed twice by a police officer who wear a uniform, and its nature is not good in light of the circumstance, method, and contents, etc., but the lower court appears to have determined a sentence against the Defendant. Meanwhile, the lower court appears to have determined a sentence against the Defendant in light of the foregoing circumstances, and there is no change in circumstances that may be considered in the sentencing after the sentence of the lower court, and the Defendant appears to have committed the instant crime, and there is no record of being punished for the same kind of crime, and thus, it does not appear that the lower court exceeded the Defendant’s age, sex, environment, motive and method of the instant crime, and the following circumstances.
2. According to the records of the judgment on the Defendant’s appeal, the Defendant submitted a petition of appeal on September 21, 2016 without stating the grounds for appeal in this court. On October 10, 2016, even after receiving a notice of receipt of the records of trial on October 10, 2016, the Defendant may recognize the fact that he/she failed to submit the statement of grounds for appeal within 20 days, which is the period for submission of the legitimate grounds for appeal
Therefore, the appeal of the defendant should be dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act, but the prosecutor's appeal is judged.