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(영문) 춘천지방법원 원주지원 2015.11.24 2014고단839
병역법위반등
Text

A defendant shall be punished by imprisonment with prison labor for six months and by a fine for 300,000 won. If the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Justice] On May 3, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny in the Jeju District Court's original state branch on May 3, 201, and on March 29, 2012, the Defendant completed the execution of the sentence in the original prison.

【Criminal Facts】

1. Violation of the Military Service Act;

A. From September 24, 2012, the Defendant is a public duty personnel who is in charge of support for the protection and promotion of national health in the prime audience B from September 24, 2012, and is not obliged to leave his service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant did not work for 10 days from February 18, 2013 to February 27, 2013, and went away from service.

(b) The defendant is a person liable for military force mobilization training, and a person liable for military service moves his place of residence, shall file a move-in report within 14 days;

Even though the Defendant moved from the original state C to D 202 of the same Si around January 2013, the Defendant did not file a move-in report with the head of the Dong having jurisdiction over the place of residence within 14 days without justifiable grounds.

2. Around 16:00 on July 18, 2014, the Defendant driving a motor bicycle at a section of about 30 meters from the front day of the 89 Haak-dong in the Hansung-dong, to the front day of the 89 Haak-dong, without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Voluntary statement of a public official in charge, and a statement of accusation of F;

1. Fact-finding certificates;

1. Notice of designation of public duty personnel;

1. Daily service situation books, outputs of service status of the public duty personnel service management portal, and current status of service in supplemental service;

1. Accusation against a person who fails to report his/her residence moving to social work personnel;

1. Dispatching early notices on re-service of persons suspended from service as social work personnel;

1. A driver's license inquiry;

1. Report on the situation of operation without a license and the current status of registration of disqualified persons;

1. Previous convictions: Criminal history records, investigation reports (period of repeated crime of suspects), and judgments;

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