병역법위반
A defendant shall be punished by imprisonment for not less than eight months.
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, as a person with no military service, was permitted to travel abroad from September 15, 2014 to December 31, 2014 by the head of the Military Affairs Administration for the short-term travel on September 15, 2014.
Where a person in the military service intends to make an overseas trip, he/she shall obtain permission for the overseas trip from the head of the Military Affairs Administration, and where a person who has left the Republic of Korea after obtaining permission for overseas trip fails to return to the Republic of Korea within the permitted period, he/she shall obtain permission for the extension of the period or overseas trip
Nevertheless, the Defendant left Germany on October 8, 2014 and did not return to Korea within the permission period without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation (E);
1. Application for permission for overseas travel for a person without military service, issuance of a notice on expiration of overseas travel, inquiry of entry or departure records, and application of Acts and subordinate statutes;
1. Article 94 and Article 70 (3) of the former Military Service Act (Amended by Act No. 13778, Jan. 19, 2016) on criminal facts
1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances, etc., considered as the reason for sentencing) is that the Defendant, as a person of military service, has continued to stay in Germany without any justifiable reason despite the expiration of the period of permission to travel abroad, and thereby failed to perform his duty of military service. Thus, the nature of the offense is not somewhat weak.
However, the defendant is guilty of a crime, and he does not have a criminal record in Korea.
From around 2002, the Defendant, a middle student, continued his studies in Germany, and currently acquired German nationality.
In addition, the sentencing conditions specified in the records of this case, such as the defendant's age, sex, environment, etc., shall be determined as per the disposition, in consideration of all the circumstances.