CONTENTS
- 1. The Facts of the Offense Committed by the Client in the Military Service Act Violation
- 2. Level of Punishment for Violation of the Military Service Act
- 3. Defense of the Client in the Military Service Act Violation
- - The Circumstances of the Offense by the Client in the Military Service Act Violation
- - The Client's Sincere Remorse in the Military Service Act Violation
- 4. Judgment for the Client in the Military Service Act Violation
1. The Facts of the Offense Committed by the Client in the Military Service Act Violation
This is the story of a client who was sentenced to imprisonment for a violation of the Military Service Act and requested Daeryun's assistance.
The previous year, the client had received a suspended sentence for a violation of the Military Service Act, and then again violated the Military Service Act by failing, without justifiable grounds, to comply with a notice of active-duty enlistment.
The client came to be punished for a violation of the Military Service Act because he did not report for enlistment within the deadline despite having received an enlistment notice.
The client requested help from an attorney, stating that there were circumstances that left him with no choice but to violate the Military Service Act.
2. Level of Punishment for Violation of the Military Service Act
In view of the importance of fulfilling the military service obligation imposed on citizens of the Republic of Korea, the Military Service Act provides for punishment by imprisonment only, without any fine.
The client explained that, because he had not reported for enlistment despite receiving an enlistment notice, he had been sentenced to 10 months' imprisonment under the following provision.
■Military Service Act Article 88 (Evasion of Enlistment, etc.)
① A person who has received a notice of active-duty enlistment or call-up (including an enlistment notice based on recruitment) and, without justifiable grounds, fails to report for enlistment or to comply with the call-up even after the following periods have elapsed from the date of enlistment or call-up shall be punished by imprisonment for not more than 3 years. However, where a person who has received an inspection notice in preparation for a wartime labor call-up under Article 53 (2) fails, without justifiable grounds, to attend the inspection at the designated date and time, the person shall be punished by imprisonment for not more than 6 months, a fine not exceeding 5 million won, or detention.
1. Active-duty enlistment: 3 days
2. Call-up of social service personnel or alternative service personnel: 3 days
3. Call-up for military education: 3 days
4. Call-up for mobilization of troops and wartime labor call-up: 2 days
🔗Violation of the Military Service Act The client requested help so that he could receive a reduced sentence.
3. Defense of the Client in the Military Service Act Violation
For the client in the Military Service Act violation, the attorney mounted the following defense.
The Circumstances of the Offense by the Client in the Military Service Act Violation
The client in the Military Service Act violation married at a young age and has a 2-year-old child.
The client evaded military service for the sake of a household that he supports solely on his own earnings.
The client evaded military service simply out of the thought that his young child could be placed in danger if he were to be enlisted.
The Client's Sincere Remorse in the Military Service Act Violation
The client in the Military Service Act violation spent time in sincere remorse over the fact that he had again evaded military service despite having a prior conviction for the same type of offense.
The client had planned to enlist after saving up enough money for his child and wife to live on while he served in the military, but
the client came to realize that his economic situation and his enlistment in the military were separate matters, and decided to enlist.
However, because the criminal trial in this case had not been finalized, he was unable to apply for enlistment, and he prepared a written pledge of enlistment as an expression of his remorse.
The client is well aware that he had previously received a suspended sentence for a violation of the Military Service Act, and that, having committed the offense in this case during the period of that suspended sentence, an actual custodial sentence is unavoidable.
The client sincerely wishes to enlist even now and faithfully complete his military service.
The attorney examined the client's circumstances and requested that leniency be granted by way of a reduced sentence.
4. Judgment for the Client in the Military Service Act Violation
Having heard the arguments of the 🔗attorney who defended the client in the Military Service Act violation, the court issued the following judgment.
The original judgment is reversed. The defendant is sentenced to 4 months' imprisonment.
With the attorney's assistance, the client was able to have the sentence reduced from 10 months' to 4 months' imprisonment.
The client, having received a suspended sentence for the same type of crime and then committed the offense again within that period, could have faced a heavier punishment, but this result was obtained because of the attorney's assistance.
The Military Service Act is a law that sets out citizens' military service obligations, and violations of it are punished severely.
If you are in a situation similar to that of the client in this case, please seek Daeryun's assistance right away.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
