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(영문) 대전지방법원 2013.12.24 2013고단4310

병역법위반

Text

A defendant shall be punished by imprisonment for six 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. No person who deserts the service of public interest service personnel shall desert away from his post or serve in the relevant field for at least eight days in total without justifiable grounds;

Nevertheless, the Defendant, while serving as public interest service personnel at the Changdong Community Service Center located in Changyang-si in Gyeonggi-si in Gyeonggi-si, was absent without permission for nine days from November 8, 201 to August 18 of the same month, left from office for at least eight days in total without justifiable grounds.

2. When a person liable for military service who has failed to report the change of residence moves his residence, he shall file a move-in report within fourteen days;

The defendant is liable for military service. On November 21, 201, the defendant moved his residence to Daejeon Jung-gu, Daejeon-gu, Daejeon-gu, Daejeon-si, Daejeon-si, Da, 308 (E), but did not file a move-in report within 14 days without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of Acts and subordinate statutes to a written investigation of secession from service;

1. Article 89-2 subparagraph 1 of the relevant Act as to facts constituting an offense, and Article 89-2 of the Military Service Act (the point of leaving office) and Articles 84 (1) and 69 (1) of the Military Service Act (the point of failing to report after moving his/her place of residence, and the

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (i.e., the fact that he/she has faithfully performed his/her duty of military service in breach of an error)

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.