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(영문) 광주지방법원 2016.08.08 2016고단1523
병역법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The defendant of "2016 Senior 1523" is a person subject to the call-up of social service personnel.

On January 20, 2016, the Defendant did not respond to the call within three days without justifiable grounds, even though the Defendant directly received a muster notice under the name of the head of the Military Affairs Administration of Gwangju, to enlist in the Military Manpower Administration of Gwangju, and the association on March 7, 2016.

The Defendant, around April 27, 2016, at around 09:30 on April 27, 2016, administered with a friendly D in the Gel 602 heading in Gwangju Northern-gu, Gwangju, with a friendly D, and used the cresh of the said D to take up one bank cream card in Korea from the cresh of the said D.

After the end of 09:40 on the same day, the secret number known in advance to the victim's name in front of the F main point in Gwangju Northern-gu, Gwangju, shall be accumulated, and 300,000 won shall be withdrawn from the cash withdrawal machine managed by the victim's name in front of the F main point in Gwangju Northern-gu.

L. L. L.C. theft.

Summary of Evidence

[2016 order 1523]

1. A written accusation submitted by the defendant at court;

1. Specifications of the Military Manpower Administration of the Southern District Military Manpower Administration of Gwangju;

1. Receipt of a notice of call-up of social service personnel, receipt of mail, call-up of social service personnel and notice of call-up of education, and list of persons subject to call-up of social service personnel (2584 high group 2584);

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report of investigation (related to the suspect's photograph taken during the period of cash payment), investigation report (related to the verification of stolen cards and the source of human body), application of each Act and subordinate statute to each photograph;

1. Relevant Article 88 (1) 2 of the relevant Act concerning criminal facts and Article 88 (1) of the Military Service Act (a failure to convene a meeting of social service personnel) and Article 329 of the Criminal Act (abstinance and choice of imprisonment with prison labor);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of applicable sentences by law: Imprisonment for not more than nine years;

2. Scope of the recommended sentences according to the sentencing criteria;

A. A. The victim D submitted a written agreement to the investigative agency on the following: (a) the basic area (6 months to 1 year and 6 months) of the theft of general property (the scope of recommended punishment) No. 2 (general larceny) (the victim D has no person subject to any special sentencing). However, the defendant later submitted a written agreement to the investigation agency.

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