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(영문) 대전지방법원 2017.02.09 2016고단1658

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant is assigned to serve as a social service personnel on December 11, 2012, and served as a general administrative support personnel at the D Daejeon Daejeon Branch Office located in Daejeon Middle-gu, Daejeon.

Social service personnel shall not leave their post or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, from September 24, 2014 to October 7, 2014, did not attend the above D Dong Daejeon Branch without justifiable grounds, and went away from his service.

2. The Defendant is a person with no military service.

When a person without military service moves his place of residence, he shall file a move-in report pursuant to the Resident Registration Act within 14 days.

Even though the Defendant moved to Daejeon-gu, Seo-gu, Daejeon-gu, and 402, to Daejeon-F apartment on July 16, 2015, the Defendant did not file a move-in report without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a daily return situation);

1. Relevant provisions of the Act and subparagraph 1 of Article 89-2 of the Military Service Act (a point of leaving office) as to facts constituting an offense, and Articles 84 (2) and 69 (1) of the Military Service Act (a point of failing to file a move-in report and choice of fines);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is the defendant's favorable circumstances; the defendant was sentenced to a fine of 300,000 won for the violation of the Military Service Act at the Daejeon District Court on August 2, 2010; on February 10, 2011, even though he had been sentenced one year to a suspended sentence for a violation of the Military Service Act at the Daejeon District Court, he again committed the same crime; the defendant was unaware of a trial, such as the defendant's absence of trial, even if he was notified of the date of trial by the court, etc.; etc., the defendant was in bad faith in the trial.