병역법위반
A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding five hundred thousand won.
If the defendant does not pay the above fine, 100.
Punishment of the crime
From November 28, 2008, the Defendant was in charge of civil petition assistance affairs at the innju-Gun Office BMyeon Office, and served as a public duty personnel (current name is changed to social work personnel).
1. A public duty personnel member shall not leave his service for at least eight days in total without any justifiable reason, but the Defendant, from June 7, 2010 to October 30, 2014, was absent from his service for at least eight days on the ground that he did not attend the above Myeon office until he is arrested.
2. Although a person liable to serve in the military has to file a move-in report with the head of the Si/Gun/Gu within 14 days when moving his/her place of residence, the Defendant did not file a move-in report even though he/she moved his/her place of residence to the Gyeonggi-si in June 2010 after moving his/her place
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (verification of the number of remaining days of public service of suspects);
1. An abstract of each accusation or resident registration cancelled;
1. Application of Acts and subordinate statutes to a report on the fact of a secession from service and a report on a secession from service;
1. Relevant Article of the relevant Act on criminal facts and subparagraph 1 of Article 89-2 of the Military Service Act (the point of escape from service), Articles 84 (2) and 69 (1) (the point of failing to file a report on transfer and the selection of fines);
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The fact that the defendant's reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the crime is favorable to the defendant.
However, in light of the nature of the crime of this case, such as the period of the escape from service for more than four years, a sentence of sentence against the defendant is inevitable.
The sentencing grounds prescribed in Article 51 of the Criminal Act shall be determined as per the Disposition.