All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant appealed, the Defendant did not submit the grounds for appeal within the lawful period for submission of the grounds for appeal, and the petition of appeal does not contain any grounds for appeal.

B. In light of the fact that the amount of damage in this case by the prosecutor is considerable and the amount of damage in this case is not paid, that the defendant had agreed before the original judgment, that the defendant escaped, and that the defendant repeated the same crime despite the fact that the defendant had committed a second offense, the original judgment’s punishment (two years of imprisonment) is too unfeas

2. The Criminal Procedure Act, which takes the trial-oriented principle and direct principle as to the prosecutor’s grounds for appeal, ought to respect the determination of sentencing in cases where the conditions of sentencing exist in the first instance, compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing is too unfeasible and so it cannot be deemed that the lower court exceeded the reasonable scope of discretion.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. As seen earlier, the Defendant did not submit the grounds for appeal as examined by the Defendant, and there was no reason to ex officio investigation even after examining the record, and 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 Defendant rendered a judgment on the appeal against the Defendant by the Prosecutor, the dismissal of appeal shall not be separately decided, and shall be declared together by the judgment.

4. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit. It is so decided as per Disposition by the assent of all participating Justices.