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(영문) 서울동부지방법원 2016.07.14 2016고단41

절도등

Text

A defendant shall be punished by imprisonment for six months and by a fine of 700,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant violating the Military Service Act is a person with no military service.

Where a person obliged to perform military service moves his/her place of residence, he/she shall file a move-in report pursuant to Article 16 of the Resident Registration Act within 14 days.

Nevertheless, the Defendant did not file a move-in report within 14 days without justifiable grounds, even though he moved his domicile to a place where his name cannot be known, which is a domicile on December 2013, 2013.

2. A thief: (a) around 16:00 on June 9, 2014, the Defendant: (b) driven a thief car with the FF amounting to KRW 8.5 million at the market price owned by the victim E, who was parked there.

Accordingly, the defendant stolen the victim's property.

3. Around 16:00 on June 9, 2014, the Defendant driving a e-mail car at a level of about 50km without obtaining a driver’s license, from the later side of the D Hospital (D Hospital), located in C in C, to the road located adjacent to the “Yone Star City” building located in Gwangjin-gu, Seoul, Seoul, to the end of around 18:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the E statement part);

1. A written accusation issued by the head of the Military Affairs Administration in Seoul;

1. Application of Acts and subordinate statutes to the resident registration register, resident registration certificate, and driver's license register, investigation into the details of missing, request for inspection of re-physical, resident registration, and residence of the resident registration place;

1. Article 84 (2), Article 69 (1) of the relevant Act as to facts constituting an offense, and Articles 84 (2), 69 (1) of the Military Service Act (the violation of the Military Service Act, the selection of fines), Article 329 of the Criminal Act (the intention of Section 3, the selection of imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the non-licensed driving, the selection of imprisonment, etc.);

1. Article 37 (former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [within the scope of the punishment calculated by adding the maximum term of imprisonment with labor for a violation of the Military Service Act and a violation of the Road Traffic Act.]