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(영문) 인천지방법원 2013.11.28 2013고정3289
병역법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny in the Gwangju District Court for two years, probation, and community service order of 80 hours, and the judgment became final and conclusive on October 5, 2013.

Where a person liable for military service has moved to his/her domicile, he/she shall file a report on his/her domicile within 14 days with the competent authority.

Nevertheless, the Defendant did not report the relocation of his residence to the competent authority within 14 days without justifiable grounds, even though he moved from Gyeyang-gu Incheon, Incheon, Gyeyang-gu, Seoul, to his domicile under the Dongjak-gu Seoul Metropolitan Government Carryover 201.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. Inquiry into military register;

1. Previous convictions: Case search and application of Acts and subordinate statutes;

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;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

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