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(영문) 광주지방법원 목포지원 2013.03.26 2013고단143

병역법위반

Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. No public duty personnel shall desert away from their service or serve in the relevant field for at least eight days in total without justifiable grounds;

Nevertheless, the Defendant called up as a person liable for military service on November 2, 2010, and served as public interest service personnel belonging to B in B in B in B in B in B in B in B in B in B in B in B in B in B in B in B in 2011 without justifiable grounds, including seven days from December 12, 201 to December 20, 201, and seven days from January 18, 2012 to January 30, 2012.

2. Where a person liable for military service moves his residence, a move-in report shall be made within 14 days;

Nevertheless, the Defendant appears to have written in writing on 2012. < Amended by Presidential Decree No. 23090, Jan. 2, 2011>

(See Investigation Records 23 pages) Around December 12, 198, a move-in report was not made within 14 days without justifiable grounds, even though the place of residence was moved to D's room room in Yeonsu-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each written accusation of the wooden market;

1. Application of Acts and subordinate statutes to copies of output data of root situation;

1. Article 89-2 subparagraph 1 of the relevant Act and Article 89-2 of the Military Service Act (the point of evasion from service) regarding criminal facts and Articles 84 (2) and 69 (1) of the Military Service Act (the point of failure to file a transfer report and the choice of fines);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the crime in this case is recognized, the self-denunciation, the first crime, and the intention of serving as public duty personnel again);

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