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(영문) 창원지방법원 2014.04.11 2014고정105
병역법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On May 24, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. in Seoul Southern District Court on August 27, 2013 and the judgment became final and conclusive on August 27, 2013.

The defendant is a person liable for military service who has received a notice of enlistment in the Military Training Center on September 10, 2012, and where a person liable for military service moves to his place of residence, the defendant shall file a move-in report within 14 days.

Nevertheless, on August 2012, the Defendant did not move to the place of residence within 14 days without justifiable grounds, even though he moved to the place of residence of the Defendant located in B of Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Previous records of judgment: Criminal records, etc., inquiry reports, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes (criminal record data and attachment of judgment);

1. Article 84 (2) and Article 69 (1) of the Act applicable to facts constituting an offense and Articles 84 (2) and 69 (1) of the Military Service Act selected as a penalty;

2. Concurrent crimes and exemption of punishment (the crime of violation of the above Military Service Act and the crime of previous conviction in the judgment of the court) Articles 37 and 39 (1) of the Criminal Act are concurrent crimes under the latter part of Article 37 of the Criminal Act, and at the same time, exemption of punishment in consideration of equity in cases where the judgment

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