병역법위반
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the gist of the grounds for appeal, the defendant, as stated in the facts charged of this case, who shall not leave his office for at least eight (8) days in total as social work personnel without justifiable grounds, can be recognized as leaving his office due to his failure to attend work for at least nine (
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.
2. The lower court found the following facts based on the evidence duly adopted and investigated, and found the Defendant not guilty on the ground that the Defendant was not aware of the commencement date of re-service due to the absence of any evidence to prove that the notice of re-service was received by the father of the Defendant, but was not delivered to the Defendant due to the relationship that was not living together at the time.
(1) A defendant who had been suspended from service due to a discharge from social work personnel service while serving as a member of the social work personnel on two occasions and on two occasions in 2012 and in 2015 and was sentenced to suspension of execution and imprisonment on or before October 28, 2016, whose re-service was commenced on or after the same day. The head of Sungnam-nam City, the head of the service institution, shall be the same day, and the head of Sungnam-nam City, the head of the service institution,
For the reason that "" submitted to the director of the regional military manpower office for the change of military service disposition to the defendant, and applied for the revocation of the discharge from military service in October 31, 2016.
② However, the regional military manpower office, however, did not communicate with the Defendant, and even with his family members, did not deal with the application for revocation of discharge from military service without submitting documents, etc. necessary for the examination, such as the first and second life register.
(3) From among those days, C, the father of the defendant, is the Military Manpower Administration, according to the instruction of the staff of the Military Manpower Administration.