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(영문) 인천지방법원 부천지원 2015.10.23 2015고단1134
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding five hundred thousand won.

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

Reasons

Punishment of the crime

1. A defendant who deserts his service shall not desert away from his post or serve in the relevant field for at least eight days in total, without justifiable grounds, as a social work personnel belonging to the Seocheon-si Office B of Seocheon-si;

Nevertheless, the defendant from April 30, 2014 to the same year.

5. Until 14. Until 14., he was absent from his post and was absent from his service for at least eight days in total without justifiable grounds.

2. A person liable for military service who fails to comply with a move-in report shall file a move-in report within fourteen days, if he moves his residence;

Nevertheless, the Defendant did not make a move-in report within 14 days without justifiable grounds, even though he moved his domicile to the Buddhist land in the Dong-gu Incheon Metropolitan City C 1, 102 around September 30, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of the statutes of the resident registration card, a written investigation of transfer from service, and the daily service situation department;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Deserting from service: Subparagraph 1 of Article 89-2 of the Military Service Act;

(b) A failure to comply with the move-in report: Article 84 (2) or 69 (1) of the Military Service Act, 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. It is recognized that the defendant was not present in the trial even though he was notified of the trial date despite the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, and that the defendant was not present on the sentencing date despite being notified of the trial date, etc.

However, after considering the fact that the defendant has no record of punishment for the same kind of crime or punishment, the fact that the defendant's wife is scheduled to give birth, and the age, character, conduct, environment, criminal record, relationship of the defendant, circumstances of the crime, results and circumstances after the crime, all of the sentencing conditions specified in the records and arguments shall be determined as the sentence as ordered.

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