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(영문) 서울중앙지방법원 2018.01.12 2017고정3649
병역법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person with no military service.

When a person liable for military service moves his place of residence, he shall make a move-in report pursuant to Article 16 of the Resident Registration Act within 14 days, and shall not make a false report.

Nevertheless, on May 7, 2015, the Defendant had resided in Gangnam-gu Seoul Metropolitan Government B and 402, but made a false move-in report by making a re-registration report to the Gangnam-gu Seoul Metropolitan Government Dong Office and submitting it to the public official in charge of the transfer by entering it as Seoul Gangnam-gu B and 201 in the former location column.

Summary of Evidence

1. Each protocol concerning the examination of the accused;

1. To request cooperation in investigation (request copy of a report on transfer), to send a copy of the report on re-registration (A);

1. Application of Acts and subordinate statutes governing accusations and family relations certificates;

1. Article 84 (2) and Article 69 (1) of the Act applicable to facts constituting an offense, and Articles 84 (2) and 69 of the Military Service Act that choose a sentence, and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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