All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the defendant led to confession and reflects by the defendant, the family environment and economic circumstances of the defendant, etc., the punishment sentenced by the court below (two months of imprisonment and five million won of fine) is too unreasonable.

B. In light of the fact that the prosecutor was punished several times with the same criminal power of the defendant, and again committed the instant crime, the defendant was absent on the trial date of the court below even after being summoned notice of the date, and the circumstances after the instant crime, etc., the court below’s punishment is too uneasible and unfair.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(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 of the reasons for sentencing indicated in the records of this case, it cannot be deemed that the lower court’s sentencing is too heavy or is fluent, and thus, exceeded the reasonable scope of discretion.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is all dismissed. It is so decided as per Disposition by the assent of all participating Justices.