병역법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (6 months of imprisonment and 2 years of suspended execution) is too unhued and unfair.
2. It is recognized that the Defendant committed the instant crime by leaving his service for at least eight days without justifiable grounds. However, in light of the motive and background leading up to the instant crime, the means and method of committing the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, environment, occupation, and family relationship, etc., the sentence imposed by the lower court is too uneasy and unreasonable.
3. In conclusion, the prosecutor’s appeal is without merit. Thus, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act (amended by Act No. 13778, Jan. 19, 2016; however, although the Military Service Act was amended and enforced under Act No. 13778, Jan. 19, 2016; however, there
Therefore, pursuant to Article 25(1) of the Regulation on Criminal Procedure, “the pertinent Article of the Act on Criminal 1.” in the application of the lower judgment under Article 25(1) of the same Act shall be corrected as “the former Military Service Act (amended by Act No. 13778, Jan. 19, 2016)” and “the Military Service Act shall be amended.”