All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine on Defendant 1) on the basis of the aforementioned video CD, even though the prosecutor did not undergo lawful evidence investigation, such as viewing with respect to one video CD submitted, but found the Defendant guilty of the instant facts charged.

2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Article 292-3 of the Criminal Procedure Act, as to the Defendant’s assertion of misapprehension of the legal doctrine, provides that matters necessary for the investigation of evidence other than documents, which are drawings, photographs, audio tapes, video tapes, computer discs, and other articles created to store information, shall be prescribed by the rules of the Supreme Court. Accordingly, Article 134-8 of the Rules on Criminal Procedure provides that the examination of evidence of audio and video media, etc. shall be conducted through the method of listening to or viewing by reproducing audio and video media, etc. on the first trial date. According to the records, the lower court did not examine the evidence of the above video CD on the first trial date in accordance with the method of examination of evidence on the computer disks as stipulated in the above provision.

I seem to appear.

However, the court below determined that the facts charged in this case were admitted as evidence on the premise that the examination of evidence against the above video CD was conducted, and therefore, the court below erred by adopting evidence that did not undergo legitimate evidence examination (see Supreme Court Decision 2009Do13846, Oct. 13, 201). However, according to the records, the defendant consented to the above video CD as evidence at the first trial date of the court below, and then again investigated by the evidence duly adopted and investigated by the court below, and by re-convening it in the above video CD as seen in the facts charged in this case.