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(영문) 수원지방법원 2013.10.25 2013고정532

병역법위반

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On June 13, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor by larceny, etc. at the Suwon District Court on June 13, 2012, and the said judgment became final and conclusive on June 21, 2012. On January 9, 2013, the Defendant was sentenced to four months of imprisonment with prison labor by the Suwon District Court for occupational embezzlement and two years of suspended execution, and the said judgment became final and conclusive on January 17, 2013.

When a person liable for military service moves his residence, the defendant shall not, without any justifiable reason, make a move-in report or make a false report.

On March 7, 2012, the Defendant had not moved his residence to the second C-dong 301, Osan-si.

Nevertheless, the defendant moved to the Dong office having jurisdiction over which he did not actually reside as above and moved to the Dong office in a false manner.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written accusation, C’s statement, domestic registration inquiry, resident registration record card, or an abstract thereof;

1. Previous convictions: Case search and application of Acts and subordinate statutes;

1. Article 84 (2) and Article 69 (1) of the Act applicable to facts constituting an offense and Articles 84 (2) and 69 (1) of the Military Service Act selected as a penalty;

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

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment;