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(영문) 의정부지방법원 고양지원 2015.03.26 2013고단2125

병역법위반

Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

[criminal power] On January 10, 2007, the Defendant was sentenced to a summary order of KRW 300,000 to a fine of KRW 300,000 for a violation of the Military Service Act, and on May 3, 2007, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court. On November 28, 2008, the Defendant was sentenced to a summary order of KRW 500,000 as a fine for the same crime in the same court. On October 22, 2009, the Defendant was sentenced to imprisonment for the same crime and completed the execution of the sentence in the medical prison on March 28, 2010. On November 13, 2012, the same court was sentenced to a summary order of KRW 700,000 as a fine for the same crime, and on July 17, 2013, the judgment became final and conclusive by being sentenced to a suspended sentence of six months for the same crime.

【Criminal Facts】

1. On November 2, 2006, the Defendant was a person who had been discharged from his military service on September 17, 2012, when he had served as a public interest service personnel member at the Busan-dong Office located in Yongsan-gu, Busan-gu, Busan-do, Busan-do, which was located in 1256, for the same reason that he failed to perform his military service on September 17, 2012.

The Defendant did not attend the work at the same Dong-gu, Busan, working place from October 18, 2012 to November 1, 2012.

As a result, the defendant left his service for at least eight days in total without justifiable grounds.

2. The Defendant who failed to report changes in status as public duty personnel is liable for military service.

Where a person liable for military service moves his/her place of residence, a move-in report shall be made within 14 days.

Nevertheless, the Defendant did not file a move-in report within 14 days without justifiable grounds, even though he/she moved to the “E” located in Yongsan-gu Seoul Metropolitan City, Seoyang-si, Seoyang-si, Pari-si, Pari-si (E) around January 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Previous convictions in judgment: Each investigation report (Attachment of the judgment concerned, summary order of the same case and attachment of the judgment), summary order and criminal records, and application of Acts and subordinate statutes;

1. Relevant Article of the Act and the Military Service Act concerning criminal facts;

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