All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts, the defendant was proved without any reasonable doubt that the defendant taken the body part of the victim D (alias) into a cell phone and led to the completion of the facts charged in this case.

Nevertheless, the judgment of the court below which admitted the facts charged as attempted is erroneous in misconception of facts.

B. The defendant asserts that, with respect to the punishment sentenced by the court below (two months of imprisonment, three years of suspended execution, etc.), the defendant is too unreasonable, and the prosecutor argues that it is too unfeasible and unfair.

2. The lower court determined that the instant facts charged was attempted on the ground that the evidence submitted by the prosecutor alone, based on the circumstances stated in its reasoning, cannot be deemed to have reached the conclusion of the instant facts charged.

Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, it is difficult to view that the evidence submitted by the prosecutor alone was proved to the extent that the defendant took a photographer of a mobile phone to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it.

The judgment of the court below is just, and there is no error of mistake as alleged by the public prosecutor.

1) The Defendant: (a) was going through a subway Escopter and was on the front line of the victim; (b) was aware of the victim’s cellular phone in contact with the victim’s bridge; (c) immediately after that, the victim reported to the police; and (d) the police officer’s voluntary submission was made; and (c) the cell phone used for committing the crime was seized in the form of a mascoper’s voluntary submission. As a result, the investigative agency conducted digital forensics on the cell phone; and (d) the Defendant did not discover the pictures or videos related to the instant crime. (b) The Defendant was immediately after