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(영문) 의정부지방법원 고양지원 2016.09.02 2016고정707
병역법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 15, 2012, the Defendant, as a person liable for military service, moved into the Yongsan-gu B and Dong 306, Yongsan-gu, Manyang-si.

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

Nevertheless, on January 23, 2013, it became an unknown residence registration at the address of the above residence because it was not implemented after moving the residence due to the date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to resident registration cards (Abstract);

1. Article 84 (2) of the relevant Act on Criminal facts and Article 84 (2) of the Military Service Act on the Selection of Punishment, which does not select since it is exempted from punishment

1. Aggravation of concurrent crimes and Article 37, the latter part of Article 39, and Article 39 (1) of the Criminal Act [the punishment shall be exempted, taking into consideration all the circumstances, such as equity, etc., where a judgment has been rendered simultaneously with a crime of violating the Military Service Act (eight months of imprisonment) finalized on January 30, 2016, after the issuance of a judgment rendered by a member of the Pyeongtaek Housing Site District Court, which was rendered on January 22, 2016];

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