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(영문) 창원지방법원 2014.05.30 2013고단3492

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. If a person liable for military service moves his domicile, he shall make a move-in report to the competent government agency within fourteen days from the date of moving into the new domicile;

Although the Defendant, who was a person to be enlisted in the active duty service in the 306 Supplementary War, moved his residence from Jeju-si on October 9, 2009 to the Buddhist land not exceeding Jeju-si on October 9, 2009, the Defendant did not make a move-in report to the competent authority having jurisdiction over the place of residence within 14 days

2. On February 29, 2012, the Defendant received a written notice of enlistment in active duty service at the Gyeongnam regional military manpower office located in the window of Changnam-si, Changwon-si, as of April 10, 2012, the Defendant failed to enlist until April 13, 2012 after the date of enlistment, without justifiable grounds, within three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Notification of enlistment in active duty service, and application of statutes governing certified copies and abstracts;

1. Article 88 (1) 2 of the Act applicable to facts constituting an offense, Article 88 (1) of the Military Service Act (the point of unregistered enlistment) and Articles 84 (2) and 69 (1) of the Military Service Act (the point of non-performance of transferred reports and the selection of fines);

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. Article 62 (1) and (2) of the Criminal Act on the stay of execution ( normal consideration, such as the fact that the defendant is the first offender and is faithfully serving in the future);