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(영문) 서울중앙지방법원 2018.03.21 2018고단458

병역법위반

Text

A defendant shall be punished by imprisonment for six 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

Where a person in the military service intends to make an overseas trip, he/she shall obtain permission from the head of the Military Affairs Administration, and where a person who has obtained permission for an overseas trip fails to return to the Republic of Korea within the permission period, he/she shall obtain permission for the extension of

The Defendant, as a person with no military service, went to the United States after obtaining permission for overseas travel on February 3, 2007, and did not return to the Republic of Korea within the permitted period without obtaining permission for overseas travel at least 15 days prior to the expiration of the period, although the period of overseas travel was expired on December 31, 2007.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of immigration Acts and subordinate statutes on individuals;

1. Article 94 and Article 70 (3) of the former Military Service Act (amended by Act No. 8834 of Dec. 31, 2007) on criminal facts

1. It is so decided as per Disposition on the grounds of above Article 62(1) of the Criminal Act (a) of the suspended sentence for the following reasons: (b) the Defendant recognized his own crime; (c) the primary offender who has no record of crime; and (d) the circumstances leading to the instant crime; and (e) the Defendant’s age, sexual behavior, environment, etc.; and (e)