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(영문) 수원지방법원 안산지원 2017.02.03 2016고정315

병역법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant of "2016 Highly 315" is a person with no military service.

When any person obliged to serve in the military moves his place of residence, he shall make a move-in report pursuant to Article 16 of the Resident Registration Act within 14 days.

In April 201, the Defendant did not make a move-in report without justifiable grounds, even though he moved his domicile to the Mana-gu C in Ansan-si from the end of April 201.

In spite of the lack of intent or ability to sell 'MC Qua Qua XI', the Defendant posted a letter on March 29, 201 on the Internet NAVV on the bulletin board of the country of the Republic of Korea, 'MC Qua Qua XI' and sent it to the victim D who reported and contacted 'MCS Qua XI' on the bulletin board of the country of the Republic of Korea, in spite of the lack of intent or ability to sell 'MC Qua Qua XI'.

A false statement that received 50,000 won from the post office account E in the name of the defendant.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. The prosecutor applying the law of the petition and the written accusation cannot find a criminal record that could constitute a single concurrent crime after Article 37 of the Criminal Act, even upon examining all the evidence submitted, even if he/she was indicted by applying Articles 37 and 39(1) of the Criminal Act with regard to 2016 and 316 cases.

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 84 (2), 69 (1) of the Military Service Act (which do not neglect a move-in report for persons without military service), Article 347 (1) of the Criminal Act (which commits fraud), and the selection of fines, respectively;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (within the scope of aggregated of long-term punishments) of the Criminal Act to increase concurrent crimes;

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;