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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (two months of imprisonment, two years of suspended execution, and 40 hours of community service) is deemed to be too uneasy and unfair.
However, the defendant is disadvantageous to the defendant, such as the fact that he has been punished four times due to the violation of the Establishment of Homeland Reserve Forces Act.
However, considering the fact that the Defendant has no criminal records, other than the above fine records, that the lower court additionally ordered the Defendant to provide community service for a considerable period of time, that the Defendant misleads the Defendant, that the Defendant recognized the Defendant’s mistake and reflects, and all other circumstances that form the conditions for sentencing as indicated in the instant case, the lower court’s sentencing cannot be deemed as being too un
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.