Text
The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (200,000 won) against the Defendant on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.
2. The implementation of the duty of national defense is essential for the nation’s existence and maintenance, and thus, should be strictly punished against the Defendant who did not comply with a call-up order for the mobilization of military forces. However, there is no history of criminal punishment against the Defendant. After the instant case, the Defendant appears to have been subject to criminal punishment by faithfully participating in the mobilization training, taking into account the following factors: the Defendant’s age, sex, environment, circumstances of crime, and circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.