병역법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one month of imprisonment with prison labor and two years of suspended sentence) is too uneasy and unfair.
2. The duty of national defense is to be fulfilled to ensure national security, and the person who evaded the duty of national defense is inevitable to be punished for severe punishment; the Defendant is highly likely to be subject to criticism in that he had moved his residence for a long time as 31 years of age and evaded enlistment; and there are no circumstances to consider the circumstances leading up to the evasion of enlistment.
However, the defendant will faithfully perform his duty of military service against his will.
In full view of the favorable circumstances, such as the fact that there is no previous conviction, and other favorable circumstances, such as the defendant’s age, sex, environment, motive, means and consequence of the crime, it is difficult to view that the lower court’s punishment is too unfeasible and unreasonable.
Therefore, the prosecutor's above argument of sentencing 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 prosecutor's appeal is without merit. It is so decided as per Disposition.