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Main Issues
The degree of injury in the crime of evading the purpose of service;
Summary of Judgment
The injury for the purpose of evading duty shall depend on the number of times by the occurrence of the result of the injury, and the degree of the injury shall not be sufficient to achieve the purpose of evading duty.
[Reference Provisions]
Article 41(1) of the Military Criminal Act
Defendant
Defendant
Appellant
Defendant
Defense Counsel
Attorney Lee Hong-woo
Judgment of the lower court
High Military Court Decision 97No441 delivered on September 11, 1997
Text
The appeal is dismissed. Among detention days after the appeal, the number of detention days prior to the pronouncement of the judgment of the court of first instance, which was included in the original sentence, and the number of detention days prior to the pronouncement of the judgment of the court of first instance shall be included in the original sentence
Reasons
Examining the reasoning of the judgment below in comparison with records, it is proper that the court below recognized that the defendant had the purpose of evading duty, and there is no error of law such as misunderstanding of legal principles, as otherwise alleged in the ground of appeal. In addition, the crime of evading duty was committed by the result of the injury, and the degree of the injury is not sufficient to achieve the purpose of evading duty. Therefore, the ground of appeal is rejected.
Therefore, the appeal shall be dismissed and part of the detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all Justices who reviewed the appeal.
Justices Lee Don-hee (Presiding Justice)