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(영문) 수원지방법원 2020.03.03 2019고단1930
병역법위반
Text

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On September 28, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Military Service Act at the Suwon District Court on September 28, 2016, and the execution of the sentence was completed in a female prison on February 22, 2018.

【Criminal Facts】

1. “The Defendant of 2019 Highest 1930” is one of the public interest service personnel service personnel in the Suwon Viewing Department B from March 4, 2018.

Although the public duty personnel shall not leave their service for a total period of eight days or more without justifiable grounds, the Defendant left their service due to the Defendant’s failure to attend the service for the total period of 13 days from April 12, 2018 to March 13 of the same day, from around 16th of the same month to around 20th of the same month, and from around 23th of the same month to around 27th of the same month without justifiable grounds.

2. Where a person liable to serve in the military has moved his/her place of residence, the person shall file a move-in report within 14 days;

Nevertheless, the Defendant did not move-in report within 14 days without justifiable grounds, even though he moved his place of residence in Suwon-si C building D to a non-explicable place on April 2018.

Summary of Evidence

1. Previouss before judgments: Criminal history records, inquiry reports on confinement information, and court rulings "2019 Highest 1930";

1. Police suspect interrogation protocol of the accused;

1. The Inspector of the transfer of service and the fact-finding report of the transfer of service. "2019 order2058";

1. A copy of a police interrogation protocol of the accused;

1. A written accusation;

1. Application of statutes governing service certificates to social work personnel;

1. Article 89-2 subparagraph 1 of the relevant Act and Article 89-2 of the Military Service Act (the point of evasion from service) regarding criminal facts and Articles 84 (2) and 69 (1) of the Military Service Act (the point of failure to file a transfer report and the choice of fines);

1. Article 35 of the Criminal Act among repeated offenders (with respect to a violation of the Military Service Act due to a renunciation of service);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is three times the criminal defendant has the same criminal records, and the criminal records are also during the period of repeated crimes.

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