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(영문) 수원지방법원 2018.10.11 2018고단272
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

From March 30, 2016, the Defendant is a person who served in the Dong Community Service Center in the Gu Office in which he/she had been working as a social service personnel.

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, for two days from April 21, 2016 to April 22, 2016, the Defendant did not attend the above community service center for two days from May 3, 2016 to May 4, 2016, and for nine days from May 20, 2016 to June 1, 2016.

Accordingly, the defendant left his service for a total period of not less than 8 days without justifiable grounds.

The defendant of "2018 Senior 436" is a person with no military service as a social service personnel.

Where a person obliged for military service moves his place of residence, he shall file a move-in report within 14 days.

On June 3, 2017, the Defendant did not file a move-in report within 14 days from the time he/she moved to the Jung-gu Incheon apartment E apartment F from the Jung-gu Incheon Metropolitan Government apartment housing C, and the Defendant had his/her resident registration residence unknown on July 3, 2017.

Summary of Evidence

"2018 Highest 272"

1. Statement by the defendant in court;

1. A written accusation by the head of the Gu for interest;

1. G statements;

1. A register of fact-finding surveys and daily service status: "2018 high-ranking 436";

1. Statement by the defendant in court;

1. A written accusation by the head of Yeongdeungpo-si;

1. Abstract of the resident registration card, fact-finding of a person who suspends service of social service personnel, request for re-registration where his/her residence is unknown, fact-finding of a person who suspends service of social service personnel, and application of the statutes requesting re

1. Article 89-2 Subparag. 1 (a) of the relevant Act and the former Military Service Act (amended by Act No. 14183, May 29, 2016) (amended by Act No. 14183, Nov. 30, 2016); Articles 84(2) and 69(1) of the Military Service Act (amended by Act No. 1420, May 29, 201);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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