[병역법위반][집26(1)형,29;공1978.4.1.(581) 10649]
Cases where there are justifiable grounds for not being enlisted on the date of call-up;
As long as the combat volunteer group was excluded from the job practice target in accordance with the policy of the authority's call-up for job practice, it constitutes a case where there is a justifiable reason that the combat volunteer group did not enlist in the job practice call-up.
Article 62 of the Military Service Act
Defendant
Seoul District Prosecutor's Early Support
Seoul Criminal Court Decision 77No3292 delivered on October 19, 1977
The appeal is dismissed.
The grounds of appeal by the prosecutor of the Seoul District Prosecutors' Office are examined.
The court below held as follows. In other words, the defendant is a person who was organized into three parts of the six parts of the combat team in Seongdong-gu Seoul, the former residential area of Seongdong-gu, with three parts of the combat team, and is excluded from the target of practice in 1976 by the authorities. Thus, the defendant's failure to enlist in the military on the date of call-up for work practice for the defendant. (It is based on the above administrative policy, although there is no explicit ground to exclude the combat team team from the target of call-up for work practice in the Military Service Act and the Enforcement Decree of the same Act, it is reasonable to conclude that the principal crime against the defendant is not a crime. Such judgment at the time of original trial is just and there is no illegality in the misapprehension of legal principles as to the Military Service Act.
Therefore, this appeal is without merit, and it is dismissed by Article 390 of the Criminal Procedure Act. This decision is delivered with the opinions of the participating judges.
Justices Kim Yong-chul (Presiding Justice)