In accordance with the order that drinking is subject to prior permission from the commander of the middle group under his/her jurisdiction, it cannot be deemed that the legislative body, which is the legislative body, delegated by the National Assembly, has the substantial contents of punishment as it is necessary and important in light of the common action delegated by the National Assembly under Article 47 of the Military Criminal Act.

The order of complying with the order that a person shall obtain permission from the commander of the Jung-gu who is under his/her influence of drinking does not constitute an order under this Act.

Article 47 of the Military Criminal Act

Supreme Court Decision 68Do1846 Decided February 18, 1969

Defendant

The 11th Order and the 11th Order of the Army of the second instance and the 70No507 delivered on August 11, 1970

The original judgment is reversed, and the case is remanded to the Army, High School, and Military Court.

The defendant, who is the 11st group of the 11st group of the 10th group of the 10th group of the 10th group of the 10th group of the 10th group of the 10th group of the 10th group of the 10th group of the 10th group of the 10th group of the 10th group of the 10th group of the 10th group of the 10th group of the 10th group of the 19th judgment (the 4th group of the 196th group of the 19th group of the 19th group of the 199 group of the 19th group of the 19th group of the 196th group of the 196 group of the 19th group of the 10s group of the 10th group of the 199 group of the 19th group of the 196 group of the 2nd group of the 196th group of the 1th group of the 19.

Therefore, the defendant's explanation and the facts of assault against his superior, as stated in the judgment of the court of first instance, are recognized as concurrent crimes, and the defendant's imprisonment with prison labor for a year and six months is aggravated as stated in its reasoning, and it is not possible for the defendant to be exempted from reversal by the above unlawful act without any need to wait for the judgment on the grounds of appeal by the public defender. It is so decided as per Disposition by Article 439 (2) of the Military Court Act according to the unanimous opinion of all participating judges.

Justices of the Supreme Court (Presiding Judge) Ma-dong (Presiding Judge) and Ma-dong B-Jed Han-gu