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(영문) 수원지방법원 2015.05.21 2015고단811
병역법위반
Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[2015 Height 811] The Defendant is a social work personnel who is placed in the Suwon-si Office B of Suwon-si.

From November 11, 2013 to December 16 of the same year, the Defendant left his service for 26 days without justifiable grounds.

[2015 Highest 890] The Defendant is liable for military service.

When a person liable for military service moves his place of residence, he shall make a move-in report within fourteen days.

In April 2014, the Defendant did not file a move-in report within 14 days without justifiable grounds, even though the Defendant moved his/her place of residence in Suwon-si, Suwon-si, Daejeon-gu, to 202, Daejeon-gu, Daejeon-gu, Daejeon-gu, 501.

Summary of Evidence

[2015 Height811]

1. Defendant's legal statement;

1. Written accusation [2015 Highest 890]

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (amended by Act No. 12560, May 9, 2014; hereinafter the same shall apply) on criminal facts (the point of non-permanent service) and Articles 84 (2) and 69 (1) of the former Military Service Act (the point of non-compliance with notification of movement) on criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In the case of a violation of the Military Service Act due to a disqualification from unauthorized service, a sentence of punishment is inevitable in that the defendant was sentenced to the imprisonment of August on account of the disqualification from unauthorized service and again commits the same kind of crime during the period of the suspended service;

The period of imprisonment shall be eight months in consideration of the circumstances that serve as various sentencing conditions, such as the fact that the defendant reflects and the circumstances leading to the crime.

2. In cases of violations of the Military Service Act due to nonperformance of notification on changes in status, a fine of 300,000 won shall be imposed as ordered in consideration of the circumstances, such as the fact that the defendant reflects the fact and has been punished as fines for the same crime

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