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(영문) 대전지방법원 2019.06.20 2018고단2517
병역법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【Criminal Power】 On July 9, 2015, the Defendant was issued a summary order of KRW 1 million by the Daejeon District Court to commit a violation of the Military Service Act, and a summary order of KRW 500,000 as a fine in the same court on September 5, 2017, respectively.

【Criminal Facts】 The Defendant is a person liable for military service

Where a person liable for military service moves his/her place of residence, a move-in report shall be made within 14 days.

Nevertheless, the Defendant did not make a move-in report within 14 days without justifiable grounds, even though he moved his domicile from the Seocho-gu Daejeon Warman on December 2, 2017 to the Daejeon Dong-gu Celel.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A written accusation;

1. Notice of re-service to social work personnel:

1. Requesting investigation into residence of social work personnel and ex officio measures of registration of unknown domicile;

1. Return of unknown domicile registration to social work personnel;

1. Each report on investigation;

1. Application of Acts and subordinate statutes as a result of inquiry;

1. Article 84 (2) of the relevant Act concerning criminal facts and the selection of fines;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act include the fact that the Defendant had been punished twice for the same kind of crime, even though he had the record of having been punished, the Defendant committed the instant crime again, the Defendant’s location is not verified, etc., and the circumstances after the instant crime are not good, and the Defendant is committed; there are some reasons for somewhat taking into account the circumstances of the instant crime; and there are favorable circumstances, such as the Defendant’s two times of fines, and the fact that there are no other criminal records, etc., the sentence is determined as ordered by the Disposition.

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