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(영문) 청주지방법원 충주지원 2014.11.26 2014고정125
병역법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. in the Cheongju District Court Jeju District Court Jeju District Court Branch on October 24, 2014.

Defendant is a person subject to a call for military force mobilization training.

If a person liable for military service moves his place of residence, he shall make a move-in report to the head of the Si/Gun/Gu within 14 days pursuant to Article 16 of the Resident Registration Act.

The Defendant, on October 21, 2010, moved his/her place of residence to the Buddhist land in Chungcheongnam-si 220 dong 103 on October 21, 201, but did not file a move-in report within 14 days.

Around January 31, 2011, the Defendant did not make a move-in report to the head of the Dong within 14 days from the date of the move-in without justifiable grounds, even though he/she moved his/her place of residence to the same boomed house as the same boomed house in Chungcheong City C 101.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of each accuser;

1. Notice of call-up for education of public duty personnel on October 25, 2010, notice of call-up for education of public duty personnel on May 2, 2011, inquiries into domestic postal service, resident registration information, resident registration information, and abstract of resident registration;

1. Request for cooperation of ex officio and unknown domicile registration of a person who fails to report his residence;

1. Application of the judgment (Support by the Court Decision 2014No30, 49, 123, 295) and the Acts and subordinate statutes of the Ministry of Justice and the Ministry of Justice;

1. Article 84 (2) and Article 69 (1) of the Military Service Act (Selection of Fines) concerning facts constituting an offense;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the principle of equity with the case of being tried; (b) the defendant has no record of being punished for the same crime; and (c) the defendant reflects the crime.

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