병역법위반
The prosecutor's appeal is dismissed.
1. That the defendant has lost his nationality of the Republic of Korea in cases where he left Korea before being transferred to the first citizen station of the grounds for appeal and continues to stay abroad;
to the extent that the crime was committed;
The statute of limitations should be suspended because the defendant stays abroad for the purpose of evading military service and escaping criminal punishment.
Nevertheless, at the time of loss of nationality of the Republic of Korea, the crime was terminated and the five-year statute of limitations has lapsed.
The judgment of the court below is erroneous in the misapprehension of legal principles and affected the judgment.
2. In light of the following as revealed in the judgment records and pleadings, the Defendant acquired U.S. nationality on December 16, 2010, and thus, five (5) years have passed since the statute of limitations was in progress, and the instant public prosecution was instituted five (5) years thereafter, and the statute of limitations was completed.
It is reasonable to view it.
Therefore, the prosecutor's argument of misapprehension is without merit.
1) The former Military Service Act (amended by Act No. 7977 of September 22, 2006, hereinafter referred to as the “former Military Service Act”).
Article 70(3) of the Military Service Act amended by Act No. 7977 of September 22, 2006 provides that Article 70(3) of the Addenda provides that the period of obtaining permission for overseas travel shall be no later than January 15 of the year in which 25 years old is 25 years old, and Article 3 of the Addenda provides that, in applying penal provisions to the violation of the obligation to obtain overseas travel prior to the enforcement of this Act, the previous provision shall apply) of Article 70(3) of the Addenda provides that any person who has left the Republic of Korea before being transferred to the first citizen station shall obtain permission for overseas travel or extension of the period by January 15 of the year in which 18 years old, shall be punished by imprisonment with prison labor for not more than three years.
2) However, according to Article 5(1) of the former Military Service Act, the first national calendar is defined as a person in active duty service, reserve service, or replacement service, or not a second national calendar.