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(영문) 창원지방법원 거창지원 2013.11.06 2013고단257

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. From July 19, 2010, the Defendant is a public interest service personnel in charge of supporting the operation of social welfare facilities in Dogra, which is a facility for the disabled C and the operation of the Chang-Gun Office in Chungcheongnam-gun, Chang-gu, Seoul.

Although a public duty personnel has left his service or has not served in the relevant field for at least eight days in total without justifiable grounds, the defendant left his service for a total of 218 days from June 19, 2012 to January 22, 2013 without justifiable grounds.

2. Where a person liable for military service moves his residence to another place, the defendant shall file a move-in report within 14 days;

Nevertheless, on June 30, 2012, the Defendant did not move to the competent authority within 14 days from the date of moving into the place of residence from 110 Dong 301 to 203 Seo-gu, Seo-gu, Gwangju, Seo-gu, Seo-gu, Seoul, and did not move to the place of residence without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a fact-finding survey report, a certified copy and abstract of resident registration, and a fact-finding survey;

1. Article 89-2 subparagraph 1 of the relevant Act and Article 89-2 of the Military Service Act (the point of evasion from service) regarding criminal facts and Articles 84 (2) and 69 (1) of the Military Service Act (the point of failure to file a transfer report and the choice of fines);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the criminal defendant was the first offender and his mistake is pened in depth);

1. Article 62-2 of the Criminal Act on Probation shall be added to probation for one year in order to prevent the defendant from repeating a crime;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;