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(영문) 서울중앙지방법원 2015.06.30 2015고단2845

병역법위반

Text

A defendant shall be punished by imprisonment for six months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant is a person who has been assigned to the Korea Railroad Corporation located in the branch of the party branch in Gangnam-gu Seoul, Gangnam-gu, Seoul, to serve as a social work personnel and has been on duty as a social work personnel.

The Defendant left office for two days from February 15, 2014 to the 16th of the same month, for two days from February 24, 2014 to the 25th of the same month, for two days from February 27, 2014 to the 28th of the same month, for two days from February 27, 2014 to the 28th of the same month, for two days from March 3, 2014 to the Korea Railroad Corporation without justifiable grounds.

2. If a person liable for military service who fails to comply with the move-in report moves his residence, the move-in report shall be filed with the new domicile within fourteen days;

The Defendant did not file a move-in report within 14 days without justifiable grounds, even though he/she moved his/her residence from "Seoul Songpa-gu C and B02 to "Seoul Gwanak-gu D" around February 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each accusation;

1. Application of attachment Acts and subordinate statutes, such as a certified copy;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Deserting from service: Subparagraph 1 of Article 89-2 of the Military Service Act;

(b) A failure to comply with the move-in report: Article 84 (2) or 69 (1) of the Military Service Act, and the selection of fines;

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

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

1. The reasons for sentencing under Article 62(1) of the Criminal Act include the following: (a) the Defendant’s reason for sentencing under Article 62(1) leads to the instant crime for the purpose of preparing living expenses and hospital expenses of his parents; (b) the Defendant’s fault was seriously against his/her own fault and is extremely high in service for the remaining period; (c) the Defendant has no criminal record of imprisonment without prison labor or any heavier punishment; and (d) the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the instant crime; and (c)