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(영문) 수원지방법원 2016.09.07 2016고단4163
병역법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant, who left the Republic of Korea on July 30, 2014, was liable for military service and left the Republic of Korea before he reaches the age of 25, shall obtain permission to extend the period of overseas travel from the Commissioner of the Military Manpower Administration by January 15 of the year when he turns 25.

Nevertheless, on January 15, 2016, the defendant stayed abroad without obtaining permission to extend the period of overseas travel from the Commissioner of the Military Manpower Administration until January 15, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. C’s statement;

1. Requesting the National Assembly 24 years old to dispatch a notice of permission for overseas travel, requesting the dispatch of a notice of permission for extension of overseas travel and confirming the receipt of mail;

1. Application of Acts and subordinate statutes to investigation reports (verification of suspect's stay abroad, and individual entry or departure status);

1. Articles 94 (2) and 70 (3) of the relevant Act on Criminal Crimes;

1. Punishment suspended under Article 59(1) of the Criminal Act (i.e., that the defendant was the first offender, who was going to study abroad early, and was going to school in Canada, and that a notice of an application for extension of the period is about the relation where the defendant had been previously heard due to the relationship where the parent was delivered with the thickness of his parent in Korea, but he was considered as a simple administrative procedure, and led to the instant crime; and (ii) the defendant applied for extension of his proper period of study after his application for suspension of study and returning to Korea and is preparing to perform his duty of military service: Imprisonment with prison labor for six months;

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