2014Do9826 Violation of the Military Service Act

A person shall be appointed.

Prosecutor

Daejeon District Court Decision 2013Do2652 Decided July 9, 2014

December 11, 2014

The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court determined that there was no evidence to prove the facts charged of this case.

The judgment of the court of first instance which acquitted the defendant.

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justified.

As the head of the Military Service Act, exceeding the bounds of the principle of free evaluation of evidence

There is no error of misapprehending the legal principles as to the interpretation of Article 86.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

shall be determined.

Justices Ko Young-han

Justices Lee In-bok et al.

Justices Kim Yong-deok

Justices Kim Gin-young