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(영문) 서울동부지방법원 2018.09.07 2018고단1626

병역법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The defendant is a person with no military service subject to enlistment in active duty service.

Any person without military service shall, when he moves his place of residence, make a move-in report to the competent Dong office within 14 days.

Nevertheless, even though the defendant moved his/her residence from Gwangjin-gu Seoul Special Metropolitan City to C without good cause in 2010, he/she did not make a move-in report without justifiable grounds, and did not make a move-in report until June 13, 2017.

Accordingly, on June 13, 2017, the Defendant could not deliver a letter to the head of the Military Affairs Administration under the name of the head of the Military Affairs Administration to enlistment in the 31 association around around 13, 2017.

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 the written accusation, written accusation and written statement of fact confirmation;

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;