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(영문) 서울중앙지방법원 2016.08.10 2015고정2180
병역법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Where a person who is subject to a draft physical examination but has moved his/her place of residence on November 11, 2014, the Defendant was required to file a move-in report under the Resident Registration Act within 14 days, but failed to file a move-in report without justifiable grounds even though he/she moved his/her place of residence on November 2014.

Summary of Evidence

1. Entry of the defendant in part in the fourth public trial record;

1. A report on how the whereabouts of a DNA is unknown;

1. Application of Acts and subordinate statutes, such as inquiry about registered mail in the Republic of Korea, investigation into whether residents reside in the registered place, inquiry about resident registration, and abstract of resident registration cards

1. Article 84 (2) and Article 69 (1) of the Act applicable to facts constituting an offense, the alternative punishment under the Military Service Act, and the selection of fines (the defendant did not move his/her place of residence);

However, according to each evidence of the judgment, it is recognized that the defendant has actually moved to another place than Gangnam-gu Seoul Metropolitan Government and 202, a resident registration address at the time of the instant case.

Therefore, the Defendant’s above assertion is rejected. 1. Articles 70(1) and 69(2) of the Criminal Act, which are confined to the Nowon-gu Prison.

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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