2. Although the crime of this case, where the defendant evaded enlistment, his mistake is acknowledged, the crime of this case must be considered in relation to the final and conclusive judgment on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the concurrent crime under the latter part of Article 37 of the Criminal Act. The defendant in the above final and conclusive judgment is sentenced to three years of imprisonment, and it is difficult to see that the above three-year sentence of imprisonment is less severe even in the case of concurrent crimes with the crime of this case, and considering all the sentencing conditions in the records and arguments of this case, such as the defendant's age, character, character, occupation and environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, etc., the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.