All appeals filed by the defendant and prosecutor are dismissed.

1. The summary of the grounds for appeal: The Defendant did not commit a crime as stated in the facts charged, and even if the Defendant is found guilty of housework, the lower court’s punishment is too unreasonable.

Prosecutor: The lower court’s imprisonment for a period of four months is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted by the court below as to the assertion of mistake of facts, the above assertion of mistake of facts is without merit since the defendant is sufficiently recognized to have committed the facts charged in this case

B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in a case where there exists a unique area of the first instance court concerning the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted at the trial court. In full view of all the reasons for sentencing revealed in the proceedings of the instant case, it cannot be deemed that the lower court’s sentencing is too heavy, or exceeded the reasonable scope of discretion, due to the lack of a new sentencing materials.

3. The appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.