logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.02.12 2013고단6088
병역법위반
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

【Criminal Power】 On August 19, 201, the Defendant was sentenced to one year and two months of imprisonment with prison labor for special larceny, etc. at the Incheon District Court, and four months of imprisonment with prison labor, etc., and was released on July 30, 2012 in the Incheon Detention House and passed on October 17, 2012 during the execution of the sentence.

【Criminal Facts】

1. The defendants who violate the Military Service Act due to the secession from service as public duty personnel are public duty personnel who work as C in the Jung-gu Incheon Metropolitan City Office;

The Defendant, at the above Jung-gu Office, did not work for five days from October 22, 2012 to 26 of the same month, and for four days from October 29 to November 1 of the same year, and went away from service for at least eight days in total without justifiable grounds.

2. A defendant who violates the Military Service Act due to the failure to notify changes in status shall be liable for military service, and a person liable for military service, other than active service, shall file a move-in report within 14 days, where he

Although the Defendant moved to the FFn in Yeonsu-gu Incheon, Yeonsu-gu, Incheon on October 30, 2012, the Defendant did not move to the move-in report without justifiable grounds.

Summary of Evidence

1. The defendant's legal statement;

1. A statement of records in the recruit service, reply to the result of registration of unknown domicile of a person who violates the Military Service Act, and each accusation;

1. Previous records: Application of the Acts and subordinate statutes concerning inquiry reports, such as criminal records, and personal identification and confinement status;

1. Article 89-2 Subparag. 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013); Articles 84 (2) and 69 (1) of the Military Service Act (amended by Act No. 11849, Jun. 4, 2013);

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

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

1. The defendant's defense counsel in determining the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act, and since the defendant was sentenced to imprisonment with prison labor for one year and six months as stated in the criminal records in the judgment below, the defendant is naturally assigned to the second citizen service upon the sentence above.

arrow