The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined.

1. As to the defendant case

A. Examining the reasoning of the lower judgment in light of the evidence duly admitted as to the grounds for the final appeal by the Defendant and the requester of the protective observation order (hereinafter “Defendant”), the lower court is justifiable to have determined that the Defendant was guilty of violating the Act on the Punishment, etc. of Sexual Crimes on November 14, 2016 among the facts charged in the instant case (i.e., camera, etc.) on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts beyond the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles on crimes of violation of the Act on the Punishment, etc. of Sexual Crimes (use of camera, etc.).

B. As to the reasons for the prosecutor’s appeal, the summary of the violation of the Military Service Act among the facts charged in the instant case is the social service personnel belonging to the M Center located in Jincheon-gun L, Jincheon-gun, and the Defendant left service for at least eight days in total without justifiable grounds because the Defendant did not work for a dispute with the head of the Center for a total nine days on May 16, 2016, the division on May 17, 2016, the period from December 21, 2016 to December 23, 2017, the period from January 4, 2017, the period from January 6, 2017, the period from January 9, 2017, and January 10, 2017.

2) On the grounds indicated in its reasoning, the lower court reversed the first instance judgment convicting the Defendant on the ground that the Defendant’s non-service date constituted a case where there is no proof of crime, and sentenced the Defendant not guilty on the ground that the Defendant’s non-service date constitutes a case where there is no proof of crime. As such, the lower court reversed the first instance judgment convicting the Defendant of this part of the charges, on December 23, 2016.

3) However, it is difficult to accept such determination by the lower court for the following reasons.

A) Subparagraph 1 of Article 89-2 of the Military Service Act is “social service personnel for at least eight days in total without justifiable grounds.”