The prosecutor's appeal is dismissed.

1. According to the evidence submitted in the summary of the grounds for appeal, although the defendant can be found to have used a fraudulent act with the intention of evading military service or having military service reduced or exempted as stated in the facts charged, the judgment of the court below which acquitted the defendant,

2. For the same reasons as the court below stated in detail in its judgment, it is just that the court below found the judge not guilty of the facts charged of this case on the grounds that it is difficult to view that the judge's use of deception by intentionally increasing the body or lowering the height of military service in the process of not falling under the conditions for reduction of military service duty or by intentionally lowering the height of military service in the process of not such physical state is sufficiently proven beyond a reasonable doubt, and there is no error of mistake of facts as pointed out by the prosecutor.

In addition, there is no other evidence to prove the above facts charged in the trial, so 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 ground that it is without merit. It is so decided as per Disposition.