The prosecutor's appeal is dismissed.

1. The decision of the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is deemed to be too untile and unfair.

2. The duty of military service is a fundamental and necessary duty to maintain the existence and security of the Republic of Korea. Therefore, the duty of military service is a fundamental and essential duty to maintain the existence and security of the Republic of Korea. Therefore, the duty of military service should be strict without justifiable grounds.

However, in full view of the following: (a) the Defendant recognized his criminal act; (b) the Defendant’s performance of military service duty when the case is terminated; and (c) the Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime; and (d) various sentencing conditions indicated in the record of the instant case, such as the Defendant’s age, sexual behavior, circumstances after the commission of the crime, etc., 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 grounds that the appeal is without merit. It is so decided as per Disposition.