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(영문) 광주지방법원 순천지원 2014.03.05 2014고단40

병역법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On August 26, 2008, the Defendant was sentenced to ten months of imprisonment by the Jeju District Court for violating the Military Service Act and was released on October 28, 2009 in the Jeju Prison on parole on the execution of the sentence and the parole period passed on February 1, 2010.

Criminal facts

1. The defendant who has retired from service is one of the public interest service personnel who are serving as public interest service personnel to monitor forest fires in forests and forest fires from March 30, 2010 to female trees.

The Defendant, for three days from March 31, 2010 to April 2, 2010, and for five days from April 5, 2010 to April 9, 2010, was absent from service for at least eight days in total due to the Defendant’s failure to attend the above viewing without justifiable grounds.

2. The Defendant is a person liable for military service.

Where a person liable for military service moves his/her place of residence, he/she shall file a relocation report pursuant to Article 16 of the Resident Registration Act within 14 days.

Nevertheless, on October 201, the Defendant did not move the place of residence to a place where it is impossible to know at the Jeju city (hereinafter referred to as the Jeju city) from October 201 and did not move to the move-in report without justifiable grounds until 14 days elapsed.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on the transfer from service and a daily service situation book;

1. Resident registration card (Abstract of cancellation);

1. Each accusation;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of repeated crimes);

1. Article 89-2 Subparag. 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013); Articles 84(2) and 69(1) of the Military Service Act (amended by Act No. 11849, Jun. 4, 2013); and the choice of imprisonment for each type of crime;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is the period of repeated crimes, and it is judged difficult to expect that the defendant will fulfill his duty of military service in light of the same criminal records and the period of escape from service of the defendant.

Provided, That the punishment shall be determined as per the order in consideration of the fact that the defendant is against himself/herself and other criminal records exceeding the fine, etc.