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(영문) 대구지방법원 서부지원 2018.01.09 2017고정350

병역법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a member of the social service in the office of the Daegu Metropolitan City, who is accused of and suspended from his military service in the state of suspension of his service due to reasons such as secession from his service, and when criminal punishment has been terminated, the remaining period of military service shall

Where a person obliged to perform military service moves his/her place of residence, he/she shall file a move-in report with the head of the Si/Gun/Gu having jurisdiction over the new place

In November 2015, the Defendant did not make a move-in report to the head of the new place of residence without justifiable grounds, even though he/she moved from the Seogu-gu Incheon Metropolitan City B to the Buddhist domicile C or below.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. It is alleged to the effect that there was no intention to commit the act of violation of the said Act, because the social service personnel did not report the change of residence, a written accusation, a certified copy of the resident registration card (a certified copy of the person whose residence is unknown), a criminal investigation report, a certified copy of the resident registration card after the moving-in report (in addition to the documents attached to the suspect moving-in report), a criminal investigation report (in the case of moving-in, the defendant was unaware of whether to move-in report if moving-in residence, and thus, he did not intend to commit the said act. However, the mere legal site does not affect the establishment

Therefore, the above argument by the defendant cannot be accepted.

Application of Statutes

1. Article 84 (2) and Article 69 (1) of the Act applicable to facts constituting an offense, and Articles 84 (2) and 69 of the Military Service Act that choose a sentence, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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