The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (two years of suspended sentence for eight months of imprisonment, two million won of fine, and probation) is too uneased.

2. The judgment of this case is acknowledged that the defendant, even though he should resume his service due to the division service of public interest service personnel, did not leave his service for a period of not less than eight days, and did not move to the move-in report while moving his place of residence. Since the duty of military service is the most fundamental and unnecessary duty of all citizens for maintaining the existence and security of the Republic of Korea, the defendant's act of leaving his place of service should be severely punished because he did not attend his place of service without justifiable grounds, and the defendant has been punished three times or more as a fine for violating the Military Service Act even before the instant case.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the Defendant was detained for not less than one month at the lower court and appears to have reflected his mistake in depth; (c) the Defendant faithfully served; and (d) the record of punishing the Defendant in violation of the Military Service Act was that the Defendant did not move-in report; (b) there was no record of criminal punishment for other crimes similar to the instant crimes; and (c) the Defendant’s age, character and conduct, occupation and environment, family relationship, and all other circumstances constituting the conditions for sentencing as indicated in the records and arguments, such as the circumstances after the commission of the instant crimes, are deemed to be too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.