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(영문) 광주지방법원 2017.11.24 2017고정1537

병역법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

If a person without military service moves his/her place of residence, he/she shall file a move-in report within 14 days, except in extenuating circumstances, and shall not file a false report.

On June 13, 2017, the defendant, who was a person obliged to serve in the military, violated the Military Service Act by making a false move-in report even though he did not intend to reside in the Seo-gu building in Gwangju, Seo-gu, and 202 Dong 905.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of each of the Acts and subordinate statutes stated in the accusation, a written accusation, a written statement stating the treatment of missing persons, details of dispatch of notice of enlistment, a suspect's family relation certificate, etc., and an investigation report (59 pages of evidence records);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the criminal records of three times including the same kind of criminal records.

In addition, the sentencing conditions shown in the records, such as the age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per the order.

It is so decided as per Disposition for the above reasons.