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(영문) 대전지방법원 천안지원 2013.09.05 2013고단832
병역법위반
Text

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

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The defendant is a public duty personnel who works in Dong-gu, Nam-gu, Dong-gu, Seoul, and is liable for military service.

1. Any member of the public duty personnel who deserts without permission shall not desert from his service for at least eight days in total without justifiable grounds;

Nevertheless, without justifiable grounds, the defendant was from July 6, 2009 to July 10, 2009, and from July 13, 2009 to July 13, 2009.

7. From May 25, 2010 to May 27, 2010, a total of 13 days including two days, three days from August 23, 2010 to August 25, 2010, and three days from August 23, 2010 to August 25, 2010.

2. If a person liable for military service moves his/her place of residence, the person shall file a move-in report within 14 days;

Nevertheless, on July 6, 2009, the Defendant moved to the place of residence from 204, 1509, 202, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-si, Seoan-gu, Seocheon-gu, 202, and did not make a move-in report without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to a written investigation report on evasion from service, a written accusation, an inquiry into resident registration and resident registration, replys to supplemental service records, and an investigation report sheet;

1. Subparagraph 1 of Article 89-2 of the relevant Act on Criminal facts (the point of leaving his/her office) and Articles 84 (2) and 69 (1) of the Military Service Act (the point of failing to report the change of residence);

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 Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that a severe sentence is inevitable in light of the fact that a defendant has been punished once as a suspension of execution and fine for the same crime, even though he/she had the record of being punished, he/she has left his/her service. However, the defendant voluntarily surrenders himself/herself, and that he/she is able to faithfully perform his/her duty remaining after reflecting his/her mistake in depth, and other sentencing conditions as indicated in the records, such as the defendant's age, character, character and environment

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