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(영문) 부산지방법원 2018.11.28 2018고정1627

병역법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person with no military service.

Where a person obliged for military service moves his place of residence, he shall file a move-in report within 14 days.

Nevertheless, the Defendant did not move-in report within 14 days without justifiable grounds while moving-in to the Dong-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City, the Dong-gu Seoul Special Metropolitan City C building and 3014) around February 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation;

1. A certified copy of the resident registration card (the Defendant was unaware of the fact that he/she is required to make a move-in report, and was unable to do so under economic circumstances, and thus, constitutes a case where there are justifiable grounds for non-performance of the move-in report. However, even in a case where the legal site alone does not impede the establishment of a crime and does not make a move-in report due to economic circumstances, even if it appears that he/she could have confirmed the training schedule of his/her reserve forces in advance to the Military Manpower Administration

【No recognition is difficult.】

Application of Statutes

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. Articles 70 and 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;