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

When the defendant does not pay the above fine.

Punishment of the crime

1. From July 2, 2009, the charges against the violation of the Military Service Act due to the renunciation of service are indicated as “social work personnel” in the charges against the Seocho-gu Office Social Welfare and C located in Seocho-gu Seoul Seocho-gu Office, Seocho-gu, Seoul, but Article 89-2 subparag. 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) that applies to the instant case provides “public duty personnel” and the foregoing correction is determined to have no particular impact on the guarantee of the defendant’s right to defense. Therefore, the above modification is so stated.

(hereinafter the same shall apply)

officer, public duty personnel shall not leave their service or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, from April 19, 2010 to April 21, 2010, from September 13, 2010 to September 16, 2010, from October 18, 2010 to October 28, 2010, was absent from service for at least eight days in total, as the Defendant did not work in the social welfare and C of the Seocho-gu Office for the total period of 16 days from October 18, 2010 to October 28, 2010.

2. Any person liable for military service who violates the Military Service Act following the failure of the moving-in report for residential place shall file a moving-in report within 14 days when moving his residential place;

Nevertheless, the Defendant, as a person liable for military service on December 7, 2010, did not move to the competent authority within 14 days without justifiable grounds, even though he moved to the non-permanent area of Seongdong-gu Seoul Metropolitan Government D apartment 103 903 and 903.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on accusations against persons who have evaded the service of public duty personnel, a fact-finding investigation report on a change in their residence;

1. Article 84(2) and Article 69(1) of the relevant Act on Criminal facts; Article 89-2 subparag. 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) (excluding a failure to file a transfer report and a fine);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)3 of the Criminal Act are applicable;