The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a.5 million won of a fine) declared by the court below is too unhued and unreasonable.

2. In the instant crime, the Defendant did not receive reserve forces training on three occasions without justifiable grounds. In light of the importance of military service in accordance with the security situation in Korea and the equity with those performing other military service, it cannot be said that the Defendant’s act’s illegality is light.

In addition, in full view of the fact that the defendant has been subject to criminal punishment more than six times due to the same kind of crime, it is necessary to impose strict punishment corresponding to the criminal liability against the defendant.

However, the Defendant itself is under a net order of the facts of the instant crime.

In addition, the Defendant committed the instant crime according to religious belief by performing his duty of active duty service and trusting female and witness after having been committed, and there is no room for consideration for motive and circumstance of the instant crime.

In addition, comprehensively taking account of the fact that the aforementioned unfavorable circumstances appear to have been fully reflected in the lower court’s judgment, and other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the lower court’s sentencing is deemed unreasonable because it is too uneasible.

Therefore, the prosecutor's ground of appeal cannot be accepted.

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