A public official among soldiers shall also serve as a public official.

As a person who is engaged in the national defense affairs under the Constitution, the Military Service Act and other Acts and subordinate statutes, and whose contents of labor are not limited to a simple mechanical, physical, and therefore, it is reasonable to apply this Article to the embezzlement of private soldiers.

Article 356 of the Criminal Act

Defendant

In the case of the Korean Army, the Korean Army, the Korean Army, the Korean Army, the Korean Army, the Korean Army, and the Korean Army, the Korean Army, the Korean Army, and the Korean Army, the Korean Army, and the Korean Army, the Korean Army, the Korean Army, and

The appeal is dismissed.

The number of detention days after an appeal shall be included in the calculation of the original sentence.

The grounds of appeal by defense counsel are examined.

However, it is reasonable to interpret that a public official is a person engaged in the affairs of the State or local government and public corporations equivalent thereto based on the legal basis, who is not limited to a mere mechanical physical body (see Supreme Court Decision 199, Dec. 12, 1961; Supreme Court Decision 4294Ma99, Dec. 12, 1961). From among soldiers, a private soldier is engaged in the national defense affairs of the State pursuant to the Constitution, the Military Service Act, and other Acts and subordinate statutes, and the contents of his labor are not limited to mere mechanical, physical, and physical, and therefore it is not a public official. Accordingly, the appeal on the premise that a private soldier is not a public official is not a public official.

Therefore, the appeal is dismissed without merit. Under Article 57 of the Criminal Act, 80 days of detention after the appeal shall be included in the principal sentence. It is so decided as per Disposition by the assent of all participating judges.

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho