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(영문) 의정부지방법원 고양지원 2017.11.02 2017고단2643
병역법위반
Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is a person who has served as a social service personnel in the Gu office B of Jongno-ro in Jongno-gu Seoul Metropolitan Government 43.

1. Any social service personnel who deserts from their post shall neither leave their post nor serve in the relevant field for at least eight days in total without justifiable grounds;

Nevertheless, the Defendant, from May 23, 2016 to May 30, 2016, and from July 11, 2016 to July 12, 2016, was absent from the service for at least eight (8) days in total due to the Defendant’s failure to work in the former office B for eight (8) days without justifiable grounds.

2. Where a person who has failed to report his residence moves to another place of residence, he shall file a move-in report within 14 days;

Nevertheless, the Defendant did not move-in report within 14 days without any justifiable reason even though he resided in the Dong-si Seoul Metropolitan Government around March 26, 2015 in the Seoul Special Metropolitan City C and 802 and moved his residence to an Buddhist branch of Gwanak-gu Seoul Special Metropolitan City D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each E statement;

1. Each accusation;

1. Application of Acts and subordinate statutes concerning a written investigation and a certified copy of resident registration;

1. Relevant provisions of the Act and subparagraph 1 of Article 89-2 of the Military Service Act (a point where he/she deserts from service for not less than eight days without justifiable grounds) concerning facts constituting an offense, and Articles 84 (2) and 69 (1) of the Military Service Act (a point where he/she fails to file a move-in report without justifiable grounds, and choice of fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 3 and 50 of the Criminal Act;

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

1. The defendant's act of leaving military service without fulfilling his duty to perform military service as a citizen of the reason for sentencing under Article 334 (1) of the Criminal Procedure Act requires strict punishment.

In 2015, the Defendant again committed the instant crime even though he had been punished as a suspended sentence of imprisonment due to a violation of the Military Service Act due to the renunciation of service.

However, it is against the defendant's age, gender, and others.

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