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(영문) 수원지방법원 2014.08.27 2014고단3384
병역법위반
Text

A defendant shall be punished by imprisonment for six months and a fine for 200,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On February 28, 2011, the Defendant was called up as public interest service personnel at the Man-gun Military Office (Seoul), and is serving in the Man-gu Office.

1. On February 28, 2011, the Defendant violated the Military Service Act due to his/her renunciation of service was called as a public interest service personnel on the part of February 28, 201, and was absent without permission for 11 days from February 28, 2011 to March 15, 201, and was absent without permission for 13 days from April 26, 201 to May 16, 201.

Accordingly, the defendant, while serving as public interest service personnel, was absent from office for 24 days without permission.

2. On May 201, the Defendant violated the Military Service Act due to the relocation of his/her place of residence, even though he/she moved his/her place of residence to Suwon-si, Suwon-si, Suwon-si, 107 Dong 1302, he/she did not make a move-in report within 14 days without justifiable grounds, making it difficult to reside around September 16, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. A report of a renunciation of service;

1. Tables of service records in supplemental service;

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

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013; hereinafter the same shall apply); Articles 84 (2) and 69 (1) of the former Military Service Act concerning criminal facts

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the error of self-defense is divided, the fact that an investigation agency surrenders himself to the police agency, and the fact that he carries out faithfully his service as a social work personnel);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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