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(영문) 춘천지방법원 원주지원 2017.01.05 2016고정389

병역법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is a person who is a member of the homeland reserve forces belonging to two life-savings and is a person who serves in the military.

The Defendant, on February 1, 2016, was the move-in report No. 2 and 301, but in fact, from around September 2014, the Defendant resided in Daegu Metropolitan City. On September 1, 2016, the Defendant moved his residence to C Apartment Co., Ltd. 704-303.

In such cases, a person with no military service shall file a report on the relocation of his/her place of residence with the competent Dong office within 14 days.

Nevertheless, the Defendant failed to report his place of residence moving in order to prevent the delivery of a call notice to convene a local reserve force without justifiable grounds, thereby making it impossible to serve a notice of obligation for military service.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes, such as resident registration;

1. Article 84 (2) and Article 69 (1) of the relevant Act concerning facts constituting an offense and Articles 84 (2) and 69 (1) of the Military Service Act (excluding punishment);

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;