Text
The prosecutor's appeal is dismissed.
Reasons
1. The sentence (700,000 won) pronounced by the lower court on the gist of the grounds of appeal is deemed to be too unfilled and unfair.
2. The Defendant, even though having been subject to punishment for a violation of the former Act on the Establishment of Local Reserve Forces on February 2, 2017, committed the instant crime again, and the Defendant appears to have avoided the reserve forces training for the last three years on the grounds of postponement, unauthorized failure, etc.
On the other hand, it is favorable to the defendant that there is no other force than the above previous criminal records.
In addition, taking into account all the circumstances leading to the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the lower court’s punishment is deemed unreasonable as it is too uneasible.
3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.