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(영문) 청주지방법원 충주지원 2019.02.20 2018고정119
병역법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

[Criminal Power] On November 8, 2017, the Defendant was sentenced to one year of suspension of the execution of four months of imprisonment for the crime of assault at the Cheongju District Court, and the judgment became final and conclusive on March 8, 2018.

【Criminal Facts】

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

Nevertheless, the defendant was required to move his/her residence to Incheon, Cheongju, etc. for the purpose of seeking jobs in the 2013 U.S. Audio-S. B apartment C in the 2013 U.S. and did not report to the head of the Dong at the place of residence without justifiable grounds.

Summary of Evidence

1. The police suspect interrogation protocol against the defendant (the defendant merely asserts that the method of moving-in report was not made)

1. A list of those subject to notification of additional enlistment in active duty service;

1. A missing report, on-site visit investigation report, or reply to the result of a request for investigation into whereabouts of a person liable for military service;

1. Previous conviction: Application of the Acts and subordinate statutes of February 7, 2019 of the submission of evidence by a prosecutor;

1. Article 84 (2) and Article 69 (1) of the Act applicable to facts constituting an offense and Articles 84 (2) and 69 (1) of the Military Service Act selected as a penalty;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the sentencing of the provisional payment order shall be determined by taking into consideration the equity in the case where the case is adjudicated at the same time, the age, character and conduct of the accused, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc.

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