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(영문) 서울중앙지방법원 2016.01.14 2015고단1035
병역법위반
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 500,000.

If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

The Defendant was called as public interest service personnel on August 12, 2007 and was returned to the Jongno-gu Seoul Metropolitan Government Office on October 29, 2008, and was suspended from service on October 29, 2008, and was re-service as social welfare support in Jongno-gu Seoul Metropolitan Government Office B from June 1, 2010 to Jongno-gu.

1. From June 3, 2010 to June 4, 2010, the Defendant was absent from office without good cause to the Jongno-gu Seoul Metropolitan Government Office on June 7, 2010 to June 11, 2010, and on June 14, 2010, the Defendant left office for at least eight days at ordinary.

2. On October 2010, the Defendant did not file a move-in report within 14 days, even though he/she moved his/her place of residence in Seongdong-gu Seoul Metropolitan Government to an unknown circuit in Seoul Jung-gu.

Summary of Evidence

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

1. Each E statement;

1. Each written accusation;

1. Application of Acts and subordinate statutes requesting cancellation of resident registration as public duty personnel, such as a written investigation deserting from each service, change of the service department of public duty personnel, order for re-service, notification of re-service, investigation of the remainder

1. Article 89-2 subparag. 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) on criminal facts and Article 84(2) and Article 69(1) of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) (amended by Act No. 11849, Jun. 4, 2013) (the fact that the duty to move-in report is not carried out by a public service worker and the choice of fines) on the selection of a sentence for criminal facts

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On October 2009, the Defendant had been sentenced to a suspended sentence of two years for a violation of the Military Service Act with the same content as the instant criminal facts at the Seoul Eastern District Court on October 20, 2009. The instant crime was committed again during the period of the suspended sentence.

The defendant has been newly allocated after the above punishment.

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