병역법위반
The defendant's appeal is dismissed.
The summary of the grounds for appeal is abuse of authority to prosecute the defendant as a violation of the Military Service Act on the grounds that the Military Manpower Administration judged the defendant as a physical grade 4 social work personnel without undergoing a follow-up physical examination despite the grounds for a follow-up physical examination prescribed by the Military Service Act and did not move-in report within the prescribed period.
The defendant received a police investigation from the time of moving his/her place of residence to another case within the period of move-in report and discovered the fact of notification of designation as a charge of the instant facts charged, and at the time, did not inform the defendant of the move-in report within the period.
Nevertheless, the indictment of the defendant against the violation of the Military Service Act after the expiration of the move-in report is illegal.
In addition, the Defendant was unaware of whether to file a move-in report within 14 days from the time of moving his residence, and was unable to file a move-in report due to living conditions.
Article 69(1) of the Military Service Act provides that "where a person who is obligated to serve in the military (excluding active service) moves to his place of residence, he shall file a move-in report pursuant to Article 16 of the Resident Registration Act within 14 days." Article 84(2) of the same Act provides that "A person who fails to file a move-in report under Article 69(1) without justifiable grounds or files a false report shall be punished."
Article 5 (1) 3 (B) of the Military Service Act.
According to Article 69(1) of the Military Service Act, the Defendant, who is a person liable to serve in the military, constitutes a person liable to serve in the military, with the exception of active duty service, is subject to the duty to move-in report, and the Defendant is obligated to move-in report. In this case where no data or circumstance exists to support the circumstances asserted by the Defendant, the Defendant is “justifiable cause not to file a move-in report” under Article 84(2) of the Military Service Act