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(영문) 서울서부지방법원 2013.06.05 2013고단1028

병역법위반

Text

A defendant shall be punished by imprisonment for not less than six months and a fine not exceeding 700,000.

When the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Criminal Power] On October 20, 201, the Defendant was sentenced to a suspended sentence of two years in the Seoul Western District Court due to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.). On February 19, 2013, the suspended sentence was revoked and the sentence of six months became final and conclusive.

【Criminal Facts】

1. On March 11, 2010, the Defendant retired from service was called as public interest service personnel, and served in the Eunpyeong-gu Facilities Management Corporation C Team by October 18, 201.

When a public duty personnel member has not deserted his service for at least eight days in total without justifiable grounds, the defendant shall not leave his office for five days from September 26, 201 to October 30 of the same month, and the same month from October 4, 201.

7. Until April, 201, five days from October 10 to April 14, 201, two days from October 17, 201 to August 18, 201, and was absent from service without justifiable grounds.

2. If a person liable for military service who fails to fulfill the obligation to move-in move-in moves his residence, the moving-in report shall be made within fourteen days;

Nevertheless, the Defendant had moved his place of residence on October 18, 201, but did not make a move-in report within 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Previous conviction: Application of a reply to criminal records and statutes;

1. Subparagraph 1 of Article 89-2, Articles 84 (2) and 69 (1) of the relevant Act concerning criminal facts;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 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 under Article 62(1) of the Criminal Act is that if the defendant, who was subject to investigation by voluntarily surrenders to an investigative agency and neglected to perform his/her duty of care due to difficulties in living together with money, he/she will faithfully work for the remaining service period in the future. The fact that the crime was committed before the final and conclusive judgment of the first head of the judgment, and the age of the defendant;