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(영문) 수원지방법원 성남지원 2018.06.21 2018고단923
병역법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Where a person who has obtained permission to travel abroad as a person without military service is unable to return to the Republic of Korea, he/she shall obtain permission to extend the period from the head of the Military Manpower Administration 15 days

Nevertheless, the Defendant, as a person with no military service, has been staying in the United States after obtaining permission from the head of the Military Affairs Administration from January 1, 2016 to December 31, 2016, and continued to stay in the United States without obtaining permission from the head of the Military Affairs Administration for overseas travel by no later than 15 days prior to the expiration of the period of permission.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation of E;

1. Application of the Acts and subordinate statutes on overseas travel and individual immigration status;

1. Article 94 (2) and Article 70 (3) of the relevant Act on criminal facts;

1. Six months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Act of the suspended sentence (the defendant shall be sent to the United States at the age of 12 years old);

In order to continue study in the United States and obtain U.S. citizenship, it appears that parents were unable to obtain permission for extension of the period of return to Korea in the course of applying for the U.S. military enrollment, the defendant voluntarily enters the Republic of Korea to perform his duty of military service, and the defendant is the first offender, etc.

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