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(영문) 의정부지방법원 고양지원 2018.10.19 2017고단3718
병역법위반
Text

A defendant shall be punished by imprisonment for a period of four months and a fine of five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2017 Highest 3718] The Defendant was ordered by the chief prosecutor of the District Military Affairs Branch of the Gyeonggi-do Branch of the Military Affairs Branch on June 17, 2014, to undergo a follow-up physical examination, and was ordered to undergo a follow-up physical examination on November 17, 2014 by the chief prosecutor of the District Military Affairs Office of North Korea, which was located in the 76th order of the Government-Si, as of June 17, 2014, and was ordered to undergo the follow-up physical examination on November 13:30, 2014. However, the Defendant did not undergo the follow-up physical examination on the date

[2018 Highest 2382] Defendant is a person with no military service.

Where a person obliged for military service moves his place of residence, he shall file a move-in report within 14 days.

Nevertheless, the Defendant did not move to move within 14 days without justifiable grounds, even though he moved to his place of residence under the same Si-dong-gu D 2 B B 1022 around Jun. 2017, 2017, Seoyang-gu C and 201 107.

Summary of Evidence

[2017 Highest 3718]

1. Statement by the defendant in court;

1. Written accusation, written accusation, receipt of notice for follow-up physical examination, and resident registration abstract;

1. Inquiries on military register (2018 high group 2382);

1. Statement by the defendant in court;

1. Accusation of any offender of the Military Service Act, a written accusation, and a report on the results of materials investigation;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant provisions of the Act and Article 87 (3) of the Military Service Act (the point of evading a military service judgment), Articles 84 (2) and 69 (1) of the Military Service Act (the point of failing to report the change of residence, and the selection of fines) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

1. Article 62 (1) and (2) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1) and (2) of the Criminal Act (see, e., Supreme Court Decision 200Do1448, Apr. 1, 2009

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