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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s sentence (700,000 won in penalty, 700,000 won in penalty, and the suspended sentence) is too unflu
2. The reasoning of the judgment is that the Defendant recognized his mistake and reflects the fact that the Defendant did not have any record of punishment for the same kind of crime, the Defendant responded to the call for the mobilization training of the reserve forces three times before, but appears to have participated in the mobilization training of this case by mistake of date, and the Defendant will be faithfully performing the duty of military service in the future.
It is difficult to view that the lower court’s punishment is too unfeasible and unfair in light of the following factors: (a) the Defendant was trained after the instant case in response to the call for a reserve force’s basic training; and (b) the sentencing conditions indicated in the record, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances
Therefore, the prosecutor's above 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.