logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.07.26 2013고단3021
병역법위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

On August 10, 2011, the Defendant was sentenced to six months of imprisonment for a violation of the Military Service Act at the Seoul Western District Court, and the execution of the sentence was completed on February 7, 2012 at the Seoul Southern Southern District Court.

1. The Defendant called up as public interest service personnel on March 5, 2012, and served as public administration assistance in the operation support division of the Ministry of Health and Welfare located in Jongno-gu Seoul Metropolitan Government 75.

The Defendant, from March 20, 2012 to March 23, 2012, from March 26, 201 to the 30th of the same month, from April 2, 2012 to the 6th of the same month, from April 2, 2012 to the 9th of the same month, from the 10th of the same month to the 10th of the same month, absent from work without permission for the total of 16 days on the 16th of the same month, and

2. The Defendant, as a public duty personnel, was liable for military service, and on April 2012, the Defendant moved the Defendant’s residence from Dongjak-gu Seoul to D from Dongjak-gu Seoul Metropolitan Government, thereby having to file a move-in report with the head of Si/Gun/Gu having jurisdiction over the new domicile within 14 days, but did not file a move

Summary of Evidence

1. Defendant's legal statement;

1. A written investigation of the escape from service;

1. Written accusation (in case of failure to file a transfer report);

1. Previous convictions in judgment: Reporting on investigation (verification of the expiry of the term of punishment) and application of Acts and subordinate statutes to investigation reports (Attachment of judgment);

1. Subparagraph 1 of Article 89-2 of the relevant Act on Criminal facts (the point of leaving his/her office) and Articles 84 (2) and 69 (1) of the Military Service Act (the point of failing to report the change of residence);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that it is inevitable to sentence a severe sentence in light of the fact that the defendant was a repeated crime of the same kind, even though he/she was in the period of repeated crime, etc., and thus, the defendant voluntarily surrenders himself/herself, and that he/she will faithfully perform his/her duty remaining after reflecting the mistake, and the defendant's age, character, character, environment, etc.

arrow