Article 30 of the Military Criminal Law Article 30 is a military person who deserts military service with a view to evading military service, and at the same time deserts military units or duties with a view to evading military service, so there is no influence on the nature of a crime committed thereafter.

The crime of escaping from military service is a crime of escaping from military units or duties for the purpose of evading military service, and it is completed simultaneously with the military. Thus, any circumstances thereafter do not affect the gender of a crime.

Article 30 of the Military Criminal Act

Defendant

Seoul High Court Decision 70 High Gun70 delivered on March 17, 1970

The appeal is dismissed.

One hundred days of detention days after an appeal shall be included in the original sentence.

The grounds of appeal by the defense counsel are as follows;

Article 30 of the Military Criminal Act provides that a soldier is exempt from military service for the purpose of evading military service, and simultaneously completes the military service with the aim of evading military service, and thus there is no influence on the part of the criminal committed under the circumstances thereafter. Since the court below recognized that the defendant escaped from the military unit for the purpose of evading military service at around January 30, 1967, the elements for the crime of evading military service have been satisfied, the defendant added thereto and added thereto, even though he/she was arrested on November 5, 1969, and stated that he/she left the military unit for about two years and ten months until he/she was arrested on November 5, 1969, but this part may be deemed to have added unnecessary, and this part may not be deemed to have an unnecessary effect on the judgment, and the court below applied Article 30 (1) 3 of the Military Criminal Act to the so-called so-called above, and thus, the court below cannot be said to have applied a

Therefore, the appeal is without merit, and it is dismissed, and one hundred days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng