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(영문) 부산지방법원 2017.07.17 2017고단1930
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Military Service Act - The defendant who deserts from service is a social service worker working at the Busan Urban Transit C office located in Busan Urban Transit Authority B;

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

The Defendant left office for three days from December 13, 201 to October 15 of the same month, for two days from October 9, 2012 to October 10 of the same month, for one day from November 19, 2012, for one day from January 19, 2012, for two days from January 8, 2014 to September of the same month, and for two days from January 8, 2014 to without permission, for two days in total.

2. Violation of the Military Service Act - The Defendant is a person without military service.

On October 15, 2014, the Defendant failed to file a move-in report within 14 days without justifiable grounds, even though he/she moved his/her place of residence to Sungwon-si E in Busan-si, Busan-si, Busan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The accusation (4 times a month), the investigation report on the escape from service, the report on the escape from service, the register of daily service status, and the investigation report (attached to the list of service records);

1. Application of Acts and subordinate statutes to the accusation book (10 times a month), the response to the request for registration with unknown residence, the certified copy of resident registration, and the service record of supplemental service records;

1. Subparagraph 1 of Article 89-2 of the Military Service Act (a point of leaving office for social service personnel) and Article 84 (2) of the Military Service Act concerning facts constituting an offense;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, on August 11, 201, was sentenced by this court to a two-year suspended sentence for a violation of the Military Service Act on August 11, 2011, and served in good faith during the suspended sentence even though he was finally determined around that time, he was sentenced to a two-year suspended sentence. Meanwhile, he is against the crime while committing the crime, and only was punished by a fine other than the above previous conviction, resulting in the crime for economic reasons, and other punishment as ordered in consideration

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