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(영문) 서울동부지방법원 2017.02.14 2017고단60
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 became final and conclusive.

Reasons

Punishment of the crime

A person without military service who has obtained permission for overseas travel shall return to the Republic of Korea within the permitted period unless there exists any justifiable reason.

Nevertheless, the defendant, on December 26, 1995, went to the United States after obtaining the permission for overseas travel on the ground of studying abroad (the expiration date of the permission period on December 31, 2008) at the Kimpo-ro 38, Gangseo-gu, Seoul, Gangseo-gu, Seoul, and left the Republic of Korea, and did not return to the Republic of Korea within the above permission period without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to file an accusation, to dispatch a notice on expiration of the period of permission for overseas travel, and to permission for overseas travel for persons without

1. Article 94 (2) of the relevant Act on criminal facts;

1. The reasoning for sentencing under Article 62(1) of the Act on the Suspension of Execution under the Military Service Act provides that the act identical to the instant crime under the Military Service Act shall not be deemed to be minor, in light of the purport of the crime, but it appears that the Defendant did not depart from the Republic of Korea for the purpose of evading the duty of military service from the beginning. On November 2, 2016, the Defendant reported departure from the Republic of Korea, thereby failing to perform the duty of military service as a national of the Republic of Korea, and the fact that he voluntarily returned to the Republic of Korea and voluntarily surrenders to the Republic of Korea, etc. shall be determined

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