Cases of conviction of a person guilty of a violation of military duty by which the right of prosecution has been extinguished;

A. According to Article 30 of the Addenda of the former Military Service Act, it is obvious that the right to institute a prosecution against a person who left the military service before May 16, 1961 has ceased to exist, and thus, it is obvious that the right to institute a prosecution has ceased to exist, thereby infringing on the basic human rights established under Article 9 of the former Constitution and thus violating the spirit of the same Article.

B. The crime of escape from military service is completed immediately by doing so as to escape from military service as a so-called crime immediately.

Article 9 of the Constitution, Article 30 of the Addenda to the new Military Service Act

Appellant

The Armed Forces Act of the First Instance, the High Military Forces of the Second Instance, the High Army, etc. Act of October 5, 1962, and the High Military Forces of the Second Instance 150

The judgment of the court below is reversed.

The case shall be remanded to the Guns' Council at the Army, High School, etc.

The defendant's grounds of appeal are examined.

According to the judgment of the court below, the court below found the defendant guilty on the charge that he left military service. The crime of escape from military service is completed immediately by leaving military service as a so-called immediate crime, and according to Article 30 of the Addenda of the new Military Service Act, it is obvious that the right to institute a public prosecution against a person who deserts from military service before May 16, 1961 has ceased to exist, and the court below found the defendant guilty on the fact that the right to institute a public prosecution has ceased to exist, which results in infringement of fundamental human rights as provided in Article 9 of the Constitution, and therefore, it is reasonable to discuss the crime

Therefore, according to Articles 436, 438(1), and 439(2) of the Martial Law Meeting Act, all participating judges are decided as per Disposition by the assent of all participating judges.

The judge of the Supreme Court (Presiding Judge) Dog-Jak and Mag-Jak, the maximum leapbal leapbal leaps