병역법위반
Defendant shall be punished by imprisonment for one year and by a fine of 300,000 won.
When the defendant does not pay the above fine.
Punishment of the crime
1. No public duty personnel who have deserted from the service of public duty personnel, etc. shall desert from their service or fail to serve in the relevant field for at least eight days in total without justifiable grounds;
When the defendant applied for division of service from January 15, 201 to July 15, 2013, when he/she had been called up as public interest service personnel at PPP C from November 19, 201 to his/her 215, and had his/her service suspended for six months from January 15, 2013 to July 15, 2013, the defendant left his/her service and did not perform his/her service in PPP C until February 24, 2016, in which the police discovered the location of the defendant.
Accordingly, the defendant, as a public duty personnel, has deserted from his service or failed to serve in the relevant field for at least eight days in total without justifiable grounds.
2. Where a person liable to report the change of residence moves his/her place of residence, he/she shall file a move-in report with the competent authority within 14 days, and shall not file a move-in report without justifiable grounds;
The Defendant, as a person liable for military service on February 15, 2014, failed to file a move-in report with the competent authority within 14 days, even though he moved to Seongdong-gu Seoul, Seongdong-gu, Seoul, to a place of residence on February 15, 2014.
Accordingly, the defendant, as a person liable for military service, did not move to the competent authority within 14 days without any justifiable reason even though he moved to his place of residence.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to each written accusation (including attached documents of evidence 2 through 5, 7, and 8);
1. Subparagraph 1 of Article 89-2 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013); Articles 84(2) and 69(1) of the Military Service Act (amended by Act No. 11849, Jun. 4, 2013); and
1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Criminal Act, the suspension of execution;