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(영문) 부산지방법원 2016.03.23 2015고단3348
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant called up as a social service personnel on May 31, 2004 and served at D University located in Geum-gu, Busan, for a period of installment approval from October 21, 2013 to April 20, 2014.

1. Notwithstanding that a member of the social service personnel who violates the Military Service Act due to his/her secession from office for at least eight days has not deserted his/her service for at least eight days in total without justifiable grounds, the defendant shall be from April 21, 2014 to the same year;

5.1. Not later than September 1, 2000, to work at D University without good cause for a total of nine days;

2. A defendant who violated the Military Service Act due to a failure to report the change of residence on March 2014, did not file a move-in report within 14 days from the fact that he moved his residence from the Geum-gu, Busan to a place where the address of Busan is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Resident registration card (certified copy of the horse);

1. A written accusation;

1. The application of the relevant Acts and subordinate statutes to a survey report on the fact of secession from each service, a survey of absence from work without permission of each social service personnel A, a dispatch of a notice of re-service following the completion of a divided service of social service personnel, a guidance on re-service following the completion of a divided service of social welfare members

1. Relevant provisions of the Act and subparagraph 1 of Article 89-2 of the Military Service Act (a point of leaving office) as to facts constituting an offense, and Articles 84 (2) and 69 (1) of the Military Service Act (a point of failing to file a move-in report and choice of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of sentencing of the provisional payment order is not less complicated in view of the fact that the defendant, who is a social service personnel, deserts his service and did not perform the move-in report as above, and that there was a history of punishment for the same

However, it is against the defendant's age, sex, environment, motive and circumstance of the crime.

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