All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. Defendant 2’s imprisonment (six months of imprisonment) is too unreasonable.

B. Although the Defendant did not work on March 20, 2013, the public prosecutor submitted a written confirmation of medical treatment on the following day, taking into account other various circumstances, the head of the service institution issued a warning disposition by treating it without permission, and the frequency of the warning disposition has reached eight times in total. Thus, it constitutes violation of Article 89-3 subparag. 2 of the Military Service Act (violation of duty of public interest service personnel).

Therefore, the judgment of the court below that acquitted the facts charged in the first instance trial is erroneous.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for amendments to Bill of Indictment which changes the facts charged against the first instance court to the same content as that of the third party’s A, and this court permitted this, thereby changing the subject of the judgment. Thus, the first instance judgment cannot be maintained any longer.

However, the above argument of misunderstanding of facts is still subject to the judgment of this court, even if there is a ground for ex officio reversal.

3. Judgment on the prosecutor's assertion of mistake of facts

A. The Defendant is one of the public interest service personnel serving in the C Care Center located in Gwangju Mine-gu B.

Although the Defendant ought to work at the aforementioned C Care Center from February 14, 2012 to March 20, 2012, the Defendant was given a warning by attending work after working hours without justifiable grounds, and receiving a warning from around that time to around March 20, 2013, as shown in the attached list of crimes, by leaving work hours, leaving work without permission, and leaving work places for eight times as shown in the attached list of crimes.

The main contents of Amendments to Bill of Indictment are to change the term " March 20, 2012." and "exploiting from work place" from No. 2 of the previous list of crimes to " March 20, 2013." and "uncomploiting complex" from No. 8.