All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant: The sentence imposed by the lower court on the Defendant (eight months of imprisonment and two years of suspended execution) is too unreasonable.

B. Public prosecutor: Legal principles and the principle of unreasonable sentencing 1) The abstract reinforcement evidence of the assertion of unfair sentencing is only to the extent that it can be recognized that the confession made by the defendant is true even if it is not evidence directly supporting the facts charged. The defendant has led to the confession under paragraph (1) of the facts charged in this case at the investigative agency and the original trial, and may recognize the arbitracy of such confession. In addition, in full view of the evidence submitted by the prosecutor at the original trial and the original trial, there are a number of reinforcement evidence that can recognize this part of the confession as true. Nevertheless, the court below erred by misapprehending the legal principles on the evidence of the confession, thereby acquitted the defendant on this part of the facts charged. 2) The summary of the argument

2. Determination

A. We examine the prosecutor's argument of misapprehension of the legal principles, and closely examine the evidence submitted by the prosecutor in the original trial and the trial in light of the records. The evidence submitted by the prosecutor is all insufficient as supporting evidence for this part of the facts charged, and there is no other supporting evidence to support the confession of the defendant for this part of the facts charged. Thus, the judgment of the court below on this part of the facts charged is just and there is no error of law such as misapprehension of the legal principles as argued by

B. The determination of sentencing on the assertion of unfair sentencing by the defendant and the prosecutor is based on the statutory penalty, and the discretionary determination is made within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, based on the statutory penalty. The Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of directness,