beta
(영문) 대구지방법원 안동지원 2013.06.13 2013고단178

병역법위반

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

1. On October 4, 2010, the Defendant is a person subject to enlistment in active service, whose physical grade was Grade II.

Where a person liable for 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, around September 21, 2010, moved to the same Si from Dong-dong to C, which is his/her domicile, but did not move to the move-in report until October 4, 2010, within 14 days from that time.

2. On March 8, 2013, the Defendant, who was a person subject to enlistment in active duty service, was confirmed to be enlisted in the 102 additional military service under the name of the director of the Daegu-do regional military manpower office to be enlisted in the military service in the 102 military service located in Ansan-si, Dong-si from his mother to March 5, 2013, at around 108, on February 6, 2013.

Nevertheless, even though the defendant received the enlistment notice, he did not enlist until March 8, 2013 without justifiable grounds after three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of each accusation (No. 212, No. 201, No. 3 of investigation records, No. 2), mail delivery records, parcel delivery records, and the Acts and subordinate statutes of the Ministry of Culture, Sports and Tourism;

1. Article 84 (2) of the Act applicable to facts constituting an offense, Article 84 (2) of the Military Service Act that does not perform the duty to file a transfer report, and Article 88 (1) 1 of the Military Service Act (the point of evading enlistment and the choice of imprisonment);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 201Do1148, Apr. 1

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