병역법위반
The prosecutor's appeal is dismissed.
1. The judgment of the court below on the gist of the grounds for appeal (the period of suspended sentence: imprisonment with prison labor for up to eight months) is too unhued and unreasonable.
2. The fact that the defendant's wrong recognition of his mistake reflects the defendant, there is no criminal history against the defendant, and that he will faithfully fulfill the duty of military service in the future.
The sentencing of the lower court appears to have been conducted within the reasonable scope when comprehensively considering the following conditions, such as the Defendant’s age, sex, environment, family relationship, motive and circumstance after the commission of the crime, etc., and the lower court’s sentencing is deemed to have been conducted within the reasonable scope, and there is no special change in circumstances that may be assessed differently from the sentencing conditions of the lower court up to the trial. Therefore, it is difficult to view that the lower court’s punishment is unfair because it is too un
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.