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(영문) 광주지방법원 해남지원 2014.01.15 2013고단315
병역법위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The defendant was called as public interest service personnel on November 22, 2010 and served in the office of Gwangju metropolitan District Public Prosecutor's Office located in 330, 1, 2010, from December 20, 201, Namnam-gun, 330.

1. Any public duty personnel who have violated the Military Service Act due to a secession from service shall not desert away from their service or serve in the relevant field for at least eight days in total without justifiable grounds;

Nevertheless, the Defendant did not attend the said Gwangju metropolitan District Prosecutors' Office for at least eight days without good cause, for two days from February 9, 2012 to February 10, 2012, for five days from February 13, 2012 to February 17, 2012, for two days from February 20, 2012 to February 21, 2012, and for two consecutive days from February 20, 2012 to February 21, 2012.

2. Where a person liable for military service who violates the Military Service Act due to a failure to file a move-in report moves his place of residence, the move-in report shall be filed within fourteen days;

Nevertheless, even though the Defendant moved to Seoul around February 2012, he did not move to a move-in report without justifiable grounds after his domicile was registered as the person of unknown domicile on October 24, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning C and D;

1. One-day service status register;

1. Application of the Acts and subordinate statutes to notify whether the person whose service has been suspended is unknown;

1. Subparagraph 1 of Article 89-2 of the relevant Act on Criminal facts (the point of leaving office) and Articles 84 (2) and 69 (1) of the Military Service Act (the point of reporting no transfer and the selection of fines);

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

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 201Do148, Apr. 1, 20

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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