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(영문) 서울중앙지방법원 2016.08.31 2016고정1031
병역법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant, as a person with no military service, has to enlist in the 23th Military Service Association as a person with no military service on August 6, 2013.

Where a person obliged to serve in military moves his/her place of residence, he/she shall file a move-in report pursuant to Article 16 of the Resident Registration Act within 14 days.

On June 2013, the Defendant moved the place of residence for ex officio correction (10 pages of investigation records) from the Seoul Special Metropolitan City, Nowon-gu B 3rd to the Buddhist branch.

Nevertheless, the defendant did not make a move-in report to the head of the Dong having jurisdiction over the place of residence within 14 days from that day without justifiable grounds.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation;

1. A written accusation;

1. Notification of enlistment conditions in active duty service;

1. Application of Acts and subordinate statutes on resident registration cards;

1. Article 84 (2) and Article 69 (1) of the Act applicable to facts constituting an offense, and Articles 84 (2) and 69 of the Military Service Act that choose a sentence, and the choice of fines;

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

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

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