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(영문) 서울북부지방법원 2017.05.17 2017고단580
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to one million won.

However, the above imprisonment for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Where a person who violates the Military Service Act due to nonperformance of notification on changes in status moves his/her place of residence, a move-in report shall be made pursuant to Article 16 of the Resident Registration Act within 14 days;

Nevertheless, the Defendant, on August 7, 2012, did not move to the move-in report within 14 days on the ground that he was not residing in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and 307 Dong 1303.

2. The defendant who violated the Military Service Act due to the secession from office of social service personnel was called up as social service personnel on December 17, 2009 and was on January 15, 2010 to serve as safety personnel at the Seoul Urban Railroad Corporation from January 15, 201 and went away from service for a total of at least eight days without justifiable grounds, and was sentenced to a suspension of execution for six months for a violation of the Military Service Act at the Seoul Northern District Court on August 26, 201 and sentenced to a suspension of execution for one year for a violation of the same year;

9.3 On July 9, 2012 after the final and conclusive date, the notice of re-service was served by the Seoul Urban Railroad Corporation and was notified of the return on July 23, 2012.

Nevertheless, the Defendant returned to the workplace until August 1, 2012 and was absent from work without permission by the social service personnel, and left from work for a total period of at least eight days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (the confirmation of the date on which the suspect relocates his/her relative residence);

1. Written accusation (Evidence No. 2, No. 2);

1. A certified copy of the horse (Evidence No. 2, No. 6 of the evidence record);

1. Investigation reports (Attachment of the same type of decisions);

1. Written accusation (Evidence No. 4, No. 2 of the evidence record);

1. A written investigation of renunciation of service;

1. Determination as to the defendant's assertion of supporting supporting materials

1. Since the defendant's assertion E received the notice of re-service as stated in paragraph (2) of the crime, the defendant's assertion E did not deliver it to the defendant, the crime of violating the Military Service Act due to his renunciation of service is not established.

2. Article 6(1) of the Military Service Act provides that a judgment shall be made.

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