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(영문) 인천지방법원 2014.08.21 2014고단195
병역법위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant of "2014 Highest 195" is a public duty personnel who arranges the inspection data of public facilities related to anti-smoking in the Incheon Metropolitan Government Office.

On December 24, 2012, from around January 3, 2013 to around January 3, 2013, the Defendant left office for a period of not less than seven days (excluding holidays, Saturdays and Sundays), one day on January 18, 2013, and eight days on January 18, 2013, and without good cause.

The defendant of "2014 Highest 1285" is a person liable for military service, who is a public duty personnel belonging to the Incheon Metropolitan Government Office.

Even though a person liable for military service has to move his/her place of residence within 14 days, the defendant did not move his/her place of residence within 14 days from the end of December, 2012, but did not move within 14 days after he/she moved his/her place of residence within the time of Suwon-gu Incheon Metropolitan City without justifiable grounds, thereby making a move-in report registered on January 7, 2013.

Summary of Evidence

"2014 Highest 195"

1. Defendant's legal statement;

1. Statement made by the police on D;

1. "Statement of the accusation and the statement of the reason for withdrawal from each service";

1. Defendant's legal statement;

1. Application of respective Acts and subordinate statutes to entries in the accusation book, each resident registration record card (a certified copy of cancellation, and an extract from cancellation);

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

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for concurrent crimes;

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

1. Although the defendant's reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects his/her wrongness, the defendant has been punished for the same kind of criminal offense, and committed the crime of this case during the period of suspended execution due to his/her previous convictions, the court shall comprehensively determine the sentence as ordered.

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