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(영문) 인천지방법원 부천지원 2015.12.22 2015고단3017
병역법위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. The Defendant was a person who had been engaged in social work personnel (or public service personnel) in the C station located in the Nowon-gu, Seoul Special Metropolitan City.

Social work personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, from December 1, 2010 to March 3 of the same month, retired from his service in the above C Station without justifiable grounds for nine days in total.

2. Where a person liable for military service who has failed to report the change of residence moves his/her residence, a move-in report shall be filed pursuant to Article 16 of the Resident Registration Act within 14 days;

Nevertheless, the Defendant did not make a move-in report to the competent authority of the new place of residence, even though he/she moved to his/her own place of residence in the D apartment 207, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, 2010 on December 25, 201, which was registered as the person of unknown domicile ex officio

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

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

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

(a) The renunciation of service: Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 11849, Jun. 4, 2013);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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