The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended sentence in eight months of imprisonment) is too unhued.

2. The judgment of the court below, although the defendant committed the crime of this case without being familiar with the defendant during the period of probation of imprisonment with prison labor for special larceny, the defendant was found to be guilty, and the defendant was guilty, and there was no record of punishment for the same crime as the crime of this case, and the duty of military service in good faith is performed in the future, and there seems to be some circumstances to be taken into account in the circumstances leading up to the crime of this case committed, and other various circumstances that are the conditions of sentencing as shown in the records, such as the defendant's age, character and behavior, environment, occupation and family relation, it cannot be deemed that the punishment of the defendant sentenced by the court below is too unjustifiable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, in the application of the law of the court below, it is clear that the "Article 88 (1) of the Military Service Act" in the "Article 88 (1) of the Act on Criminal Procedure" is an error in the "Article 88 (1) 1 of the Military Service Act". Thus, the correction is made ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure

.