beta
(영문) 대구지방법원 서부지원 2018.03.13 2017고정377

병역법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a person with no military service.

Where a person obliged to perform military service moves his/her place of residence, he/she shall make a move-in report within 14 days pursuant to the Resident Registration Act.

Nevertheless, the Defendant did not file a move-in report within 14 days without justifiable grounds, even though he moved his domicile from Daegu-gu B to Daegu-gu C on March 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a written accusation, a report on investigation (investigative cases), and a report on investigation (in cases of confirmation of whereabouts);

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;