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(영문) 서울중앙지방법원 2015.01.30 2014고정5519

병역법위반

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 26, 2013, the Defendant was sentenced to two years of imprisonment with prison labor by the Seoul Central District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on May 4, 2013.

The defendant is a person liable for military service.

Where a person liable for military service moves his/her place of residence, he/she shall file a relocation report pursuant to Article 16 of the Resident Registration Act within 14 days.

Nevertheless, on June 2012, the Defendant did not move his/her place of residence to the Buddhist branch of the Jeonju, but did not move to the move-in without justifiable grounds.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. A written statement which is the accuser B;

1. Written accusation of the head of the Gyeonggi Military Manpower Branch Office;

1. An abstract of resident registration;

1. Previous convictions in judgment: Application of data verifying the fixed date of the final judgment (KICS case, and application of statutes to the copies of the judgment;

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 Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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