2. The instant crime is a crime that neglects the duty of national defense essential for the national security and requires a strict punishment. However, while the Defendant’s duty of service in good faith during the remaining period against the mistake, the Defendant is an initial offender who has no record of criminal punishment; the Defendant appears to have some other circumstances to consider the circumstances leading to the instant case; and the Defendant’s age, sex and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., are deemed to be too weak in light of various circumstances that are the conditions for sentencing as indicated in the records, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime.

Therefore, the prosecutor's 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.