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(영문) 서울중앙지방법원 2014.03.28 2014고정263

병역법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 6, 2014, the Defendant was sentenced to one year of imprisonment for special larceny, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on January 14, 2014.

1. Where a person liable for military service who violated the Military Service Act moved to his place of residence, a moving-in report shall be made to the competent authority within 14 days, despite the fact that the Defendant, around the end of July 2010, in light of the police interrogation protocol of the Defendant (No. 6 book No. 1 and No. 20 of the evidence record), resident registration abstract (No. 6 book No. 9 of the evidence record), etc., written in the indictment, the Defendant appears to be the above clerical error.

Even though the Gwanak-gu Seoul Special Metropolitan City moved from the Gwanak-gu Seoul Special Metropolitan City to the public announcement source, the moving-in report was not made to the competent authority within 14 days.

2. The Defendant, as a member of the homeland reserve forces, was the head of the Si/Gun/Gu having jurisdiction over the place of residence in Seoul and the head of the Si/Gun/Gu having jurisdiction over the place of residence, on April 16, 201, when he/she moved his/her homeland reserve forces to a place of non-permanent residence in Seoul and the head of the Si/Gun/Gu having jurisdiction over the place of residence within 14 days. However, the Defendant, as a member of the homeland reserve forces, failed to file a report on the change of residence

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each accusation;

1. Application of the Acts and subordinate statutes to the organization card of homeland reserve forces and receipt notice of education and training call;

1. Relevant provisions of the relevant Act on criminal facts, Articles 84 (2) and 69 (1) of the Military Service Act for the Selection of Punishment, Articles 15 (2) and 6-2 of the Establishment of Homeland Reserve Forces Act, and the selection of fines;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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