병역법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
1. The main evidence of the grounds for appeal reveals that the defendant could not respond to the call-up for military service mobilization without justifiable grounds, but the court below erred by misapprehending the fact that the defendant was not guilty, which affected the conclusion of the judgment.
2. According to the records, following the Defendant’s telephone call on April 27, 2015: (a) around 14:19: (b) around 14:19, the fact that the Defendant made a telephone call at the company of the C Reserve Forces around April 27, 2015, between the person in charge of the mobilization training enforcement officer (F) and 1:58 seconds, and that the Defendant made a telephone call at around 2:40 seconds.
However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court of the first instance, there is a justifiable reason for the defendant not to enlist in the military force mobilization training call notice even after receiving the military force mobilization training call notice.
As such, the prosecutor's above assertion is reasonable.
① Article 129(4) of the former Enforcement Decree of the Military Service Act (amended by Presidential Decree No. 26348, Jun. 30, 2015; hereinafter “former Enforcement Decree of the Military Service Act”) (Article 129(4) of the former Enforcement Decree shall submit a written application for postponement (including an application in electronic document) to the head of the regional military affairs office by no later than five days before the date of enlistment.
However, if there is no time to submit a written application for postponement (including any written application in electronic document) due to a sudden occurrence of the cause, the head of the regional military affairs office shall submit a written application for postponement (including any written application in electronic document) within three days after reporting it by telegraph, telephone, etc. to the head of the regional military affairs office. Article 129(5) of the former Enforcement Decree of the Military Service Act provides that “Where the head of the regional military affairs office receives a written application for postponement of the date of enlistment, etc. (including any written application in electronic document), he/she shall determine whether to postpone it.”