병역법위반
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person with no military service.
When a person obliged to serve in the military leaves the Republic of Korea with permission for overseas travel and fails to return to the Republic of Korea within the permitted period, he/she shall obtain permission to extend the period of overseas travel from the head of the Military Affairs
The defendant left the United States on January 2, 200 and had obtained permission for overseas travel from January 1, 2007 to August 30, 2010. Finally, the defendant obtained permission for overseas travel from January 1, 2007 to August 30, 2010. The period expired with the intention of August 30, 2010, but did not return to the Republic of Korea within the prescribed period without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation;
1. Application of Acts and subordinate statutes to a written accusation filed against D;
1. Articles 94, 70(1), and 70(3) of the former Military Service Act (Amended by Act No. 13778, Jan. 19, 2016);
1. Circumstances unfavorable to the grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the grounds for sentencing): The Defendant, as a person with no military service, continued to stay in the U.S. on August 30, 2010 and did not perform his duty of military service, even though the period of overseas travel expires.
Considering the meaning and importance of the performance of military service duty in our society, the nature of the above crime by the defendant is not less than that of the defendant.
The favorable circumstances: the defendant does not have any domestic criminal records.
Since the defendant left the U.S. for studying in 1996 when he was 14 years of age, he had been living in the U.S. for about 20 years, he seems to have not left the Republic of Korea for the purpose of evading military service from the beginning.
At present, the defendant acquired U.S. nationality, and is working as a dentist in the United States.
The defendant is no longer obligated to perform his duty of military service as a national of the Republic of Korea by acquiring the U.S. nationality at present.
In particular,