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(영문) 수원지방법원 성남지원 2014.04.14 2014고정272
병역법위반
Text

The defendant shall be exempted from punishment.

Reasons

Criminal facts

On December 19, 2013, the Defendant was sentenced to one year and six months of imprisonment by the Suwon District Court on the charge of forging private documents, etc., and the judgment became final and conclusive on March 5, 2014.

Where a person liable for military service moves his place of residence, he shall make a move-in report to the competent Dong office within 14 days.

Nevertheless, since February 201, the Defendant, as a person subject to call-up of public duty personnel, failed to move-in report within 14 days from the date of moving-in without justifiable grounds, even though he had moved-in from the end of Busan Metropolitan City, which was the Defendant’s domicile.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation for preparation of D (including written public notice for convening public interest service personnel);

1. A written accusation;

1. Application of Acts and subordinate statutes on resident registration;

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 Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 37 and the latter part of Article 39(1) of the Criminal Act exempted from punishment (the fact that the defendant reflects the wrongness of the defendant, the fact that the decision of the court becomes final and the crime of this case must be taken into account the equity between the defendant and the case that the defendant has

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