Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On August 16, 2018, the Defendant was sentenced to eight months of imprisonment by the Incheon District Court for the crime of intrusion into room, etc., and the judgment became final and conclusive on August 24, 2018.

On September 2017, the Defendant, as a person with no military service, moved his residence to the Incheon Bupyeong-gu D building and E from the Suwon-si, Suwon-si, Seoul around September 2017.

In such cases, a person with no military service shall file a move-in report within 14 days.

Nevertheless, the defendant did not make a move-in report within 14 days without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A written accusation, a written accusation, and a statement of business trip;

1. An abstract of resident registration;

1. Previous convictions in judgment: To search for a net case and apply the text of the judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Determination as to the assertion of abuse of public prosecution power under Article 334(1) of the Criminal Procedure Act against the provisional payment order

1. The summary of the assertion was found to have been investigated by the police in other cases within the period of time from the time when the defendant moved to his place of residence, and was notified of the designation as a suspected violation of the Military Service Act. At the time, the investigation agency did not inform the defendant of the move-in report within the period and did only investigate other cases.

It is unlawful to prosecute the defendant as a violation of the Military Service Act on the charge that the defendant did not make a move-in report within the period of the move-in report, and the period of the move-in report expires, and to prosecute the defendant as a violation of the Military Service Act.

2. Determination

A. A prosecutor’s arbitrary exercise of power to prosecute the Defendant, thereby significantly deviating from discretionary power to give substantial disadvantages to the Defendant.

If shown, it shall be regarded as abuse of the authority of prosecution.