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(영문) 전주지방법원 정읍지원 2013.07.16 2013고단309
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding five hundred thousand won.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

[criminal power] On August 27, 2009, the Defendant was sentenced to six months of imprisonment with prison labor for the violation of the Military Service Act in the Jeonju District Court’s branch court’s branch court. On February 23, 2010, the Defendant completed the execution of the sentence in the Jeonju prison.

In addition, the defendant was sentenced to six months of imprisonment with prison labor for the violation of the Military Service Act in the Jeonju District Court's branch on July 22, 2008 and the defendant was sentenced to two years of imprisonment with prison labor for the same crime in the same court on October 26, 2006.

【Criminal Facts】

1. The defendant is one of the persons serving as public interest service personnel in C and in general administration assistance in the viewing of a fixed Eup located in 440-1, Suwon-dong, Jeon Jong-dong;

No public duty personnel shall desert away from their service or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the defendant from May 17, 2010 to the point of view

5. Three days until September 19, and the same year.

5. From around 25. 25.

5. Two days until December 26, and the same year.

6. From around 29.29

6. Two days until October 30, and the same year.

7.2.Around 1st day, he/she was absent from his/her service due to his/her failure to work without good cause for a total of eight days.

2. The Defendant is a person liable for military service.

On July 2010, the Defendant moved his residence to the F director's center located in Geumcheon-gu Seoul Metropolitan Government E in Geumcheon-gu.

In such cases, the defendant who is liable for military service shall file a move-in report with the changed residence within 14 days.

Nevertheless, the defendant did not make a move-in report within 14 days from the date of the move of the above place of residence to the moving-in report of the above place of residence, which was changed without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a written statement, a fact-finding report, and a fact-finding report regarding escape from service;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of whether the same criminal records and repeated crimes are committed);

1. Subparagraph 1 of Article 89-2 of the relevant Act on Criminal Facts (the point of evasion from service), Articles 84 (2), 69 (1) (the point of non-compliance with notification of personal mobility and the selection of fines) of the Military Service Act;

1. Aggravation for repeated crimes;

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