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(영문) 서울서부지방법원 2017.12.14 2017고단2934

병역법위반

Text

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.

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

Nevertheless, the Defendant obtained permission for overseas travel from the head of the Military Affairs Administration from August 30, 201 to December 31, 201, and returned to Canada through the Incheon Airport around August 30, 2011, until December 31, 2011, or did not return to Korea within the permitted period without justifiable grounds, even though he/she obtained permission for overseas travel from the head of the Military Affairs Administration by December 16, 201, 15 days before the expiration of the period, by December 16, 2011.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Each accusation;

1. Personal inquiry into entry or departure, or entry or departure;

1. Application of Acts and subordinate statutes to investigative reports (attached to data submitted, such as a certificate of loss of suspect nationality);

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. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the same Act on the following grounds: (a) the Defendant has lost the nationality of the Republic of Korea by acquiring the nationality of Canada around January 2015; (b) the Defendant has been exempted from military service due to the loss of the nationality of the Republic of Korea; (c) the background leading up to the Defendant’s marriage with Canadian and establishing the family relationship in Canada; and (d) the current Defendant’s Canadian residence, workplace, family life, etc.;