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(영문) 대구지방법원 2018.11.15 2018고단3779

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person with no military service in the Republic of Korea.

A person who has obtained permission for overseas travel shall not return to the Republic of Korea within the permitted period without justifiable grounds, and where it is difficult to return to the Republic of Korea, he shall obtain permission for extension of the period or permission for overseas travel from the head of the Military Manpower Administration no later

The defendant obtained the first permission from the Administrator of the Military Affairs Administration of Daegu District for the purpose of studying in the Republic of Korea from January 15, 1998 to March 14, 198, and the second permission for overseas travel for the purpose of studying in the Republic of Korea from March 15, 1998 to December 31, 198, and left the United States through the Kimpo Airport around January 15, 1998. Thus, the defendant returned to the United States until December 31, 1998, the expiration date of the period, or returned to the Republic of Korea from December 16, 198, which is 15 days before the expiration of the period, without obtaining the permission for extension of the period or the permission for overseas travel from the Administrator of the Military Affairs Administration, and did not return to the Republic of Korea within the permitted period without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Responses to cooperation in investigation;

1. A written accusation;

1. Application of Acts and subordinate statutes to an application for permission for overseas travel, a statement of permission for overseas travel and guarantee for overseas travel;

1. The reason for sentencing under Articles 94 and 70(3) of the former Military Service Act (amended by Act No. 13778, Jan. 19, 2016) on criminal facts is that even if the defendant returned to Korea within the period of permission for overseas travel or even if he/she applies for the extension of the period of stay, he/she shall not return to Korea with the well-known knowledge that he/she should return if he/she fails to obtain the permission for overseas travel within the period of permission for overseas travel. As a result, the degree of

However, since the defendant recognized the crime of this case and there has been no record of punishment so far, the age, sex behavior, environment, conditions before and after the crime shall be determined as ordered by taking into account all the following factors.