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(영문) 전주지방법원 정읍지원 2013.10.10 2012고단651
병역법위반
Text

A defendant shall be punished by imprisonment for six months and a fine of five hundred thousand won.

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

Reasons

Punishment of the crime

1. If a person liable for military service moves his residence, the moving-in report shall be made within fourteen days in accordance with the Resident Registration Act;

Nevertheless, the Defendant did not file a move-in report under the Resident Registration Act, even though he moved his residence from B to C building 203 in the Dongdaemun-gu Seoul metropolitan area around February 2009.

2. A person who has received a notice to call for enlistment in active service shall enlist within three days from the fixed date, unless there exists any justifiable reason;

Nevertheless, even though the defendant directly received a written enlistment notice from the defendant's office located in the North Korea's unit B on February 22, 2012 to April 20, 2012, 306 from the defendant's office located in the North Korea's unit B, the defendant did not enlist within three days from the date determined without justifiable grounds.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. A written statement of each accuser;

1. A certificate of evasion of enlistment;

1. Notice of enlistment in active duty service and enlistment;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice;

1. Article 88 (1) 1 of the relevant Act on Criminal facts and Article 84 (3) 1 and Article 69 (1) of the former Military Service Act (amended by Act No. 9754, Jun. 9, 2009);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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