The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (ten months of imprisonment and two years of suspended execution, and two hundred hours of community service) of the lower court is deemed to be too unhued and unreasonable.

2. The crime of this case is determined by the Commissioner of the Military Manpower Administration after the defendant enlisted in the military, obtained permission for extension of overseas travel from the Commissioner of the Military Manpower Administration until June 30, 2002, and stays abroad for about 16 years without returning to the Republic of Korea within the above period, and the nature of the crime is not easy, and it is also likely to criticize the defendant in light of equity with other persons liable for military service who faithfully perform military service.

However, the defendant recognized the crime of this case and divided his mistake in depth, and the defendant started studying life in the United States around 190, a senior student, who was his father's divorced and divorced, and started school life in the United States. After that, the defendant formed the basis of living in the United States, such as continuing living in the United States, continuing to work in the United States and making a marriage and forming a family. The defendant has no criminal record, the defendant has to support all family members in the United States and his father in Korea. In particular, the defendant's father is designated as a basic living recipient, and the defendant's economic protection is influence of the defendant's economic protection. In full view of various conditions of the sentencing of this case, such as the defendant's age, career, character and behavior, environment, motive, means and result of the crime, etc., the court below's punishment against the defendant cannot be deemed unfair.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.