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(영문) 의정부지방법원 2017.04.20 2016고단3467
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From September 27, 199 to September 15, 200, the Defendant retired from office from office from around August 26, 200 to around September 15, 200 while serving as public interest service personnel at Dongducheon-si C, and on April 24, 2001, the Defendant was sentenced to imprisonment with prison labor for a violation of the Military Service Act from the Government Branch of Seoul District Court on April 24, 2001, and the judgment became final and conclusive on May 3, 2001.

Accordingly, the defendant should serve again for 512 days, which is the remaining service day after the suspension of service, as the social service personnel belonging to the same Dobcheon, but the defendant did not receive the notification of re-service due to fraudulent residence, etc.

Since October 16, 2014, the Defendant issued a notice of re-service to the effect that he/she will serve as social service personnel from November 3, 2014 to his/her home, which was put by the Defendant’s house located D or 314 at the same time.

Nevertheless, the Defendant, on November 3, 2014, did not work at all after the same time for viewing due to the settlement of overdue wage problem, and went away from his service for at least eight days without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A written statement of I;

1. Details concerning requests for accusation against violators of the Military Service Act, issuance of notices of re-service of social service personnel, delivery of results of visit at home of persons who have failed to serve again as social service personnel, photographs of home visit, and mobile phone text transmission;

1. Receipt of a service notice for remaining service period;

1. An abstract of unknown person;

1. A list of military service records in supplemental service;

1. Written reply to inquiries, such as the Government's branch court of the Seoul District Court Decision 2000 High Order 5054, and criminal history;

1. Requests the cancellation of resident registration of persons who have failed to serve as public duty personnel, requests the cancellation of resident registration of persons who have failed to serve as public duty personnel, surveys on the actual conditions of persons who have suspended their service, and application of statutes governing guidance

1. As seen earlier in the grounds for sentencing subparagraph 1 of Article 89-2 of the pertinent Act on criminal facts, imprisonment with prison labor for a violation of the Military Service Act due to the Defendant’s secession from office in the same line of duty, eight months and suspension of execution.

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