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(영문) 서울북부지방법원 2019.02.14 2017고단4496
병역법위반등
Text

The defendant shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months with prison labor for the crimes of No. 2 as stated in the judgment of the court.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Military Service Act at the Seoul Northern District Court on May 18, 2017, and the judgment became final and conclusive on May 26, 2017, and is currently under suspension of execution.

1. [2017dan496] Notwithstanding the direct receipt of a muster notice issued under the name of the director of the Seoul Military Manpower Office, the Defendant was not enlisted for the military service for three days after the date of call without justifiable grounds, to the effect that the Defendant, who is a person eligible for social work personnel call-up, was to be enlisted in the Army Training Center in Seongbuk-gu Seoul on July 10, 2017, under C apartment D residing by the Defendant in Seongbuk-gu Seoul Metropolitan Government on July 13, 2017.

2. [2017 Highest 4653] The Defendant listened to the phrase “E” from July 2016 to August 2016, 2016 that “it is difficult to open an account in the name,” and intended to transfer cash cards, etc. for the account in the name of the Defendant to “E”.

Accordingly, the Defendant, from the Yeongdeungpo-gu Seoul Metropolitan Government F on July 2016 to August 2016, to E, opened cash cards and OTP cards in the name of the Defendant, and notified the password verbally.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

[2017 Highest 4496]

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the accuser;

1. A written accusation;

1. A receipt of a notice of convening social work personnel or a notice of convening social work personnel service (2017 high-ranking 4653);

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each statement;

1. Each specification of transactions;

1. Application form for bank transactions (before the market run prior to);

1. The application of Acts and subordinate statutes to report criminal records, etc., written judgments, US records, and results of confirmation; and

1. Relevant legal provisions concerning criminal facts, Article 88 (1) 2 of the Military Service Act (violation of the Military Service Act), Article 49 (4) 1, and Article 6 (3) 1 of the Electronic Financial Transactions Act (transfer of access media), and the selection of imprisonment with prison labor;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes

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