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(영문) 의정부지방법원 2013.08.20 2013고단2131

병역법위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On August 12, 1997, when the defendant was 14 years of age as B and entered the Republic of Korea on June 14, 2013. Although the defendant obtained permission to travel abroad or extend the period to the first citizen service, the defendant did not obtain permission to travel abroad from the Commissioner of the Military Manpower Administration until January 15, 2001 for the year when he became 18 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. The integrated passport information management system, the delivery of notification of return to overseas travel by those who violate their obligation to obtain permission, and the application of Acts and subordinate statutes on individual immigration status;

1. Articles 94 and 70(3) of the former Military Service Act (amended by Act No. 6290 of Dec. 26, 2000) concerning criminal facts

1. Six months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 71(1) of the former Military Service Act, in cases where the defendant is the first offender, the departure of his parent from the Republic of Korea according to his age, voluntarily surrenders to the military and faithfully surrenders to his military life, and is waiting for entering the military after having already received a written enlistment notice, it shall be exempted from the duty of draft physical examination and enlistment in active duty service even under the proviso of Article 71(1)9 of the former Military Service Act, and thus