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(영문) 광주지방법원 2018.02.20 2017고정1170

병역법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person with no military service.

Where a person obliged to perform military service moves his/her place of residence, he/she shall file a move-in report pursuant to Article 16 of the Resident Registration Act within 14 days.

Nevertheless, the Defendant, after having been discharged from the Seoul Juvenile Reformatory around August 13, 2016, moved his/her place of residence to Gwangju Nam-gu B, and even if he/she moved to his/her place of residence to the Seo-gu Seoul metropolitan Office 1314 around September 2016, the Defendant did not report the entry under the Resident Registration Act within 14 days without justifiable grounds.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes, such as a written complainant's statement, a written statement of missing process, a written request for registration of unknown whereabouts, a written request for investigation of missing persons and a reply, a written request for notice of draft physical examination and a list of names, and an abstract of resident registration cards;

1. Relevant Article 84 of the Criminal Act, Articles 84 (2) and 69 (1) of the Criminal Act, the choice of a fine for the crime, and the selection of a fine for the crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;