In a case where Defendant (military personnel) was indicted for committing a deceptive scheme for the purpose of evading the enemy duty under Article 41(2)1 of the Military Criminal Act on the basis that he/she put into the boundary duty of the general sentry (GOP) on the steel book of the Southern Limit Line and committed a deceptive scheme for the purpose of evading his/her service, the case affirming the judgment below that reversed the first instance judgment and found the Defendant not guilty on the facts charged of “the fraudulent scheme for evading the enemy duty” on the ground that the fact that he/she works in the above general sentry (GOP) does not constitute “the enemy,” and thus, the judgment below was justifiable.

Article 1(1) and (2), Article 2 subparag. 5, Article 41(2)1 and 2 of the Military Criminal Act, Article 325 of the Criminal Procedure Act

Defendant

Military prosecutor;

Attorney Kim Jong-soo

High Court for Armed Forces Decision 2013No260 Decided April 15, 2014

The appeal is dismissed. The judgment of the court below shall be corrected to " April 15, 2013" as " April 15, 2014."

The grounds of appeal are examined.

Examining the reasoning of the judgment of the court below in light of the records, it is just to reverse the judgment of the court of first instance and render a not guilty verdict on the facts charged by fraudulent means for the purpose of evading the work of the instant case, on the grounds as stated in its reasoning, on the ground that there is no evidence of crime, and there is no error by misapprehending the legal principles on

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench that there is a clear clerical error in the indication of the judgment below.

Justices Park Poe-young (Presiding Justice)