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(영문) 광주지방법원 2013.11.15 2013고단2053
병역법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2013 Highest 2053]

1. From September 6, 2010 to August 19, 2011, the Defendant retired from service did not work at the above D Care Center without justifiable grounds for four days from June 15, 201 to June 20, 201, from June 23, 2011 to June 24, 2011, from June 23, 201; four days from August 16, 201 to August 19, 201; and from August 22, 201 to August 23, 2011.

As a result, the defendant left service for at least eight days in total without justifiable grounds.

2. If a person liable for military service who has failed to report the change of residence moves his residence, he shall file a move-in report under the Resident Registration Act within fourteen days;

Even though the Defendant, who was liable for military service, moved to a place near the Southern-gu Seoul metropolitan school on July 20, 2012, to a place where it is unknown, the Defendant did not file a move-in report with the head of the Dong having jurisdiction over the place of residence within 14 days without justifiable grounds.

[2013 Highest 2550] On April 30, 2013, the Defendant: (a) committed an act in the IPC room operated by the Cheongju-si, Hoju-si, as if he were to work as an employee; (b) and (c) committed a theft of the amount equivalent to KRW 180,000 in cash in the Kabro, by taking advantage of the gaps where the surveillance of the victim was neglected; and (d) committed an act in the IPC room operated by the Cheongju-si, Cheongju-si, as if he were to work as an employee.

Summary of Evidence

[2013 Highest 2053]

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

1. Each accusation;

1. A fact-finding report on each escape from service, a report on each escape from service, a statement on each reason, and a daily service status;

1. Service records in supplemental service, resident registration (Abstract of cancellation)

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

1. Application of B’s written laws and regulations;

1. Subparagraph 1 of Article 89-2 of the relevant Act concerning facts constituting an offense (the point of evading service), Articles 84(2) and 69(1) of the Military Service Act (the point of failing to report the change of residence, the selection of fines), Article 329 of the Criminal Act (the point of larceny and the choice of imprisonment).

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