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The prosecutor's appeal is dismissed.

Reasons

1. Article 65(1) of the former Military Service Act (amended by Act No. 10703, May 24, 201; hereinafter “Act”) stipulates that “Persons subject to enlistment in active duty service may be transferred to supplemental service due to a war or official injury, disease, or mental or physical disorder” under subparagraph 1 and subparagraph 2 “persons deemed unfit for military service due to reasons prescribed by Presidential Decree, such as serving in active duty service.” Unlike subparagraph 2, Article 1 of the Enforcement Decree of the same Act provides that “Persons subject to enlistment in active duty service may be exempted from military service, other than enlistment in the second citizen service,” and it cannot be deemed that the nature of reasons for change in assignment to supplemental service may vary separately.” Article 65(1) of the same Act provides that “Before the call-up of a person subject to enlistment in active duty service shall be deemed to be subject to exemption from military service under Article 25(1)5 of the Enforcement Decree of the same Act, including enlistment in the second citizen service.”