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(영문) 인천지방법원 부천지원 2016.07.19 2016고단1419

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the defendant intends to depart from the Republic of Korea after obtaining permission for overseas travel as a person with no military service, and to continue his stay in a foreign country, he shall submit an extension permission for the period not later than 15 days prior to the expiration of the permission period, or return to the Republic of

Nevertheless, on June 13, 2009, the Defendant did not return to the United States for short-term travel through the Incheon International Airport without justifiable grounds even after the lapse of 30 days from December 30, 2014, the expiration of the period of permission for overseas travel.

Summary of Evidence

1. Statement by the defendant in court;

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

1. B written statements;

1. Transmission of an application for permission for overseas travel of persons without military service, advance notice of expiration of the period of permission for overseas travel, dispatch of notice of expiration of the period of permission for overseas travel, and application of statutes

1. Article 94 (2) and Article 70 (3) of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., the fact that the defendant reflects his mistake, that the defendant has no record of criminal punishment, that the defendant works as industrial technical personnel as a result of performing his duty of military service at present);