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(영문) 광주지방법원 순천지원 2014.08.29 2014고정506

병역법위반

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On February 5, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Gwangju District Court's Netcheon Branch on May 12, 2014 and the said judgment became final and conclusive on May 12, 2014.

Although the Defendant, who is a person liable to serve as a public duty personnel member, has to move his/her place of residence to the head of Si/Gun/Gu having jurisdiction over the new domicile within 14 days, he/she failed to file a move-in report with the head of Si/Gun/Gu having jurisdiction over the new domicile on August 2012, and failed to file the said report without justifiable grounds until December 2013, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A written accusation;

1. Notification of convening public duty personnel;

1. Each report on investigation;

1. Previous convictions: Application of Acts and subordinate statutes of defendant's legal statement;

1. Article 84 (2) and Article 69 (1) of the Act applicable to facts constituting an offense and Articles 84 (2) and 69 (1) of the Military Service Act selected as a penalty;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. It is so decided as per Disposition on the grounds of the latter part of Article 39(1) of the Criminal Act exempted from punishment (including the fact that a defendant has been sentenced to imprisonment for six months or more with prison labor for larceny as stated in the first head of the crime in the judgment of the defendant) or more