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(영문) 대구지방법원 김천지원 2013.10.01 2013고정490
병역법위반
Text

A defendant shall be punished by a fine of 600,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Criminal Power] On August 17, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and six months on August 25, 2012 due to the use of the Daegu District Court Kimcheon-Support Computer, etc., and the said judgment was finalized on August 25, 2012.

【Criminal Facts】

1. The defendant is a person liable for military service of the 2013 Senior 490.

When a person liable for military service moves his place of residence, he shall make a move-in report in accordance with Article 16 of the Resident Registration Act within fourteen days.

Nevertheless, if the defendant moved his residence to a non-permanent area on September 3, 2010, the defendant did not have any justifiable reason even though he had to report the relocation and entry to the head of the Dong.

2. "2013 High Court 494" Defendant is currently a person subject to military service without military service.

When a person subject to the military service moves his place of residence, he shall make a move-in report within 14 days so that the notice of imposition of the military service may be delivered.

Nevertheless, the Defendant was requested to cancel the resident registration on March 22, 2010 by the Daegu-si regional military manpower office on the ground of his/her non-resident domicile on the ground of his/her non-resident domicile, as he/she did not move his/her residence to the Dong area and the mutual influence area in the Gu-U.S. Si Gyeong-si B building 203 on February 2, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation or accusation by a violator of the Military Service Act;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry records, and application of the Acts and subordinate statutes governing the defendant's statutory statement;

1. Article 84 (2) and Article 69 (1) of the Military Service Act and Article 84 (2) and Article 69 (1) of the same Act concerning criminal facts and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order shall be determined as ordered in consideration of all the circumstances, including equity in the case where a judgment has been rendered together with a crime of fraud by use of computers, etc. on which the judgment has become final and conclusive;

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