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(영문) 제주지방법원 2015.06.26 2015고정295
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

On December 9, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Jeju District Court, which became final and conclusive on April 10, 2015.

Where a person liable for military service moves his/her place of residence, he/she shall file a move-in report pursuant to Article 16 of the Resident Registration Act within 14 days.

The Defendant did not make a move-in report within 14 days without justifiable grounds, even though he/she moved his/her place of residence at the beginning of May 2014 to the Buddhist land located in Dobong-gu Seoul Metropolitan Government C in the Jeju-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written accusation;

1. The details of missing treatment, request for investigation of whereabouts, and notification of the results;

1. A resident registration record card or an abstract;

1. Application of Acts and subordinate statutes to judgment, summary agreement and auxiliary law;

1. Article 84 (2) and Article 69 (1) of the relevant Act on Criminal facts and Articles 84 (2) and 69 of the Military Service Act, the selection of fines;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that there exists a record of being punished for the same crime for the reason of sentencing, while the crime of this case was committed before the judgment became final and conclusive, the statutory penalty is limited to a fine and penal detention, taking into account the motive and circumstance leading to the crime of this case, the age and background leading up to the crime of this case, the defendant’s age, character and conduct, environment, circumstances before and after the crime

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