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(영문) 수원지방법원 여주지원 2016.05.10 2016고단203

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal history] On September 21, 201, the Defendant was sentenced to 6 months of imprisonment and 300,000 won of fine for a violation of the Military Service Act from the Incheon District Court’s Branch Branch Branch, and completed the execution of the said imprisonment on February 10, 2012.

[Criminal facts]

1. The Defendant who deserts from service was a public interest service personnel member serving in the Ethical C Department;

No public duty personnel shall desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, without any justifiable reason, did not leave the workplace and did not work for a total of eight days from April 17, 2013 to April 18, 2013, on the ground that he/she left the workplace without justifiable grounds for five days from April 17, 2013 to April 18, 2013, April 26, 2013, April 29, 2013 to May 3, 2013.

2. A person who fails to comply with a move-in report shall file a move-in report within 14 days, where he relocates his residence;

Nevertheless, the Defendant did not file a move-in report within 14 days without justifiable grounds, even though he/she moved his/her residence from E to E around May 11, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Each accusation;

1. A daily service status register;

1. Abstract of resident registration;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same criminal suspect's records), personal identification and current status of acceptance by each person;

1. Relevant Article of the Act and subparagraph 1 (a) of Article 89-2 of the Military Service Act (a point of escape from service), Article 84 (2), and Article 69 (1) (a point of non-permission for move-in and a choice of fines) concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to a violation of the Military Service Act due to renunciation of service);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has already been punished three times or more for a crime where he/she deserts his/her service as a public service personnel without justifiable grounds.