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(영문) 수원지방법원 2014.02.05 2013고단6770

병역법위반

Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 500,000 won.

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

Reasons

Punishment of the crime

[2013 Highest 6770] On May 12, 2011, the Defendant was sentenced to four months of imprisonment for a violation of the Military Service Act at the port branch of the Daegu District Court, and completed the execution of the sentence on August 9, 2011.

From November 4, 2011, the Defendant was working for the Economic Transport Department in Suwon-gu, Suwon-si.

Notwithstanding the fact that a public duty personnel has not deserted from his service for a total period of not less than eight days or has not been engaged in the field concerned without justifiable grounds, the defendant was absent from his service for a total period of not less than eight days without justifiable grounds, by failing to serve as a public duty personnel at the same workplace, such as from November 9, 201 to November 11 (3), from November 16 to 18 (3), from November 23, 11 to 29 (5).

[2014 order 61] When the defendant, who is liable for military service, moves his residence, he shall report it to the head of Si/Gun/Gu having jurisdiction over the new domicile within 14 days.

Nevertheless, the Defendant did not move to move within 14 days without justifiable grounds, even though he moved to D his residence in the south-gu CHousing 201 in the Republic of Korea-si in the Republic of Korea-si around February 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on a deviation from service;

1. One-day service status register;

1. Investigation report (Attachment to a certified copy or abstract of a suspect);

1. Each accusation;

1. Previous records: Application of a reply to inquiries, such as criminal records, investigation reports, and personal identification and confinement status Acts and subordinate statutes;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013; hereinafter the same) on criminal facts; Articles 84(2) and 69(1) of the former Military Service Act

1. Article 35 of the Criminal Act among repeated crimes;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order has been sentenced to the same crime and the execution of the sentence has been completed, and the defendant has committed the same crime during the repeated crime period.