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(영문) 서울서부지방법원 2013.08.30 2012고단1680
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for six months and fine for 700,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. The defendant who has deserted his service may not desert from his service for not less than eight days without any justifiable reason as the public interest service personnel belonging to Seoul Matro C in Seocho-gu Seoul Metropolitan Government; and

Nevertheless, the Defendant left his service on April 25, 201, April 26, 201, on the 27th of the same month, on the 28th of the same month, on the 29th of the same month, on May 30, 201, on the 31st of the same month, and on June 1, 201, without justifiable grounds.

2. Where a person liable for military service who fails to report changes in status moves his/her place of residence, a move-in report shall be made within fourteen days;

Nevertheless, around October 2011, the Defendant moved his residence from Eunpyeong-gu Seoul Metropolitan Government D to an irregular area of Eunpyeong-gu E in Eunpyeong-gu, Seoul, and did not file a move-in report within 14 days without justifiable grounds.

Summary of Evidence

1. Each accusation;

1. Fact-finding surveys of persons who have suspended their service and application of Acts and subordinate statutes;

1. Article 89-2 subparagraph 1 of the relevant Act and Article 89-2 of the Military Service Act (the point of escape from service) as to facts constituting an offense, and Articles 84 (2) and 69 (1) of the Military Service Act (the point of non-compliance with notification of movement, and the selection of fines);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

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