Gangneung Law Firm Assistance | A Gangneung Attorney Who Obtained Non-Prosecution for Draft Evasion

The client underwent a physical examination for military enlistment, received a public service ruling due to being underweight, and was in the middle of more than six months of public service.

During that time, the client received a call from the police asking him to come in for an investigation into draft evasion.

It turned out that the client's ex-girlfriend had reported that the client had deliberately lost weight to evade military service.

However, this was not true, so the client felt only a sense of injustice.

Accordingly, the client requested a consultation from the Gangneung law firm, which had experience handling cases involving violations of the Military Service Act.

🔗Violation of the Military Service Act is a serious offense that applies where a person intentionally evades the national duty of military service or violates the related legal procedures.

Among these, draft evasion, the offense alleged against the client, is a major type of violation of the Military Service Act.

Draft evasion is the act of attempting to evade military service by intentionally manipulating the results of a physical examination or falsely submitting grounds for postponing enlistment, and if recognized, it is punishable by imprisonment for not less than one year and not more than five years.

All acts that constitute a violation of the Military Service Act are subject to strict punishment.

Therefore, you should promptly examine whether your conduct is recognized as a crime and whether there were reasonable grounds in the process, and then prepare a response suited to the situation.

In this process, it is wise to receive the help of an attorney with legal knowledge of the Military Criminal Act and military criminal case procedures.

If you receive a call from the Military Manpower Administration or an investigative agency asking you to come in for an investigation, you should promptly consult an attorney so that the case does not develop unfavorably.

Afterward, you should accompany the police investigation with an attorney so as not to make unfavorable statements, collect supporting materials that can deny intent regarding draft evasion, and systematically prepare your case strategy and defense, which will help you avoid punishment.

(🔗If you would like to know the level of punishment and the response method for each type of violation of the Military Service Act)

To establish that the client had not lost weight for the purpose of obtaining a reduction or exemption from the military service obligation, the Gangneung attorney collected the client's hospital records, health checkup records, and outpatient progress records.

Through these, the attorney was able to prove that the client's weight before the physical examination was also identical to the weight at the time of the examination.

The accuser, the client's ex-girlfriend, had captured the contents of online messenger conversations she had with him and submitted them to the investigative agency.

In response, the Gangneung attorney argued that the client, who usually had a complex about being underweight, had merely spoken in an exaggerated way as if he had intentionally lost weight in order to hide it, and that the client had not in fact engaged in any conduct constituting a violation of the Military Service Act.

The above was a case in which a client who was investigated by the police on suspicion of evading military service by intentionally losing weight sought a 🔗Gangneung attorney in order to avoid punishment.

At Daeryun Law Firm, a task force of three to twenty professionals, centered on attorneys experienced in military matters, works to resolve cases.

If you need legal assistance with a military criminal case as described above, please entrust your case at any time through a 🔗legal consultation reservation.