(영문) 수원지방법원 2013.12.12 2013노4841



The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.


【Judgment on Grounds for Appeal】

1. The judgment of the court below convicting the Defendant of the facts charged of this case, although the gist of the grounds for appeal did not intentionally comply with the call-up of public duty personnel.

In addition, the court below's punishment (ten months of imprisonment) against the defendant is too unreasonable.

2. Following circumstances acknowledged by the evidence duly adopted and examined by the lower court on the assertion of mistake of facts: (i) the Defendant confirmed the call notice to public duty personnel sent to the National E-mail Account (D) around April 8, 2013; and (ii) the Defendant led to the instant charges in the investigative agency and the court of the lower court; (iii) in particular, the police knew that he should confirm the call notice, but did not memory the date; (iv) he was working at the time; and (v) was unable to enlist because he was living. There was no justifiable reason for failing to respond to the call; and (iv) on the question whether “the contents to be enlisted to the call” was “the Army Training Center in the Silsan-si on May 16, 2013” and “the time and place of enlistment at the time and place of enlistment,” and “the Defendant did not respond to the call-up of the Defendant’s mobile phone call but did not respond to the call-up and call-up of the regional military manpower office but did not respond to the call-up notice.”