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(영문) 서울중앙지방법원 2016.06.30 2014고단4156
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

A person who departs from Korea before being transferred to the station of the first citizen shall obtain permission for overseas travel by January 15 of the year in which he becomes 18 years of age.

On July 4, 1999, the Defendant left the United States and stayed abroad without obtaining permission for overseas travel from the head of the Military Affairs Administration until January 15, 2001, which became 18 years of age. However, the Defendant did not obtain permission for overseas travel from the head of the Military Affairs Administration until July 18, 201.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. B written statements;

1. Filing a criminal charge against any person who has not returned to the Republic of Korea, making inquiries on military register, requesting a notice of non-permission to extend the entry and departure status of each individual, and not having returned to the Republic of Korea, supplementing civil petition documents, making inquiries and

1. Articles 94 and 70(3) of the former Military Service Act (amended by Act No. 6749 of Dec. 5, 2002) concerning criminal facts

1. According to Article 62(1) of the Act on the Suspension of Execution, the reasons for sentencing under Article 62(1) of the Criminal Act are the first offender who has no criminal history, the motive for committing a crime exists, the fact that the Republic of Korea has no obligation to perform military service as a national of the Republic of Korea, and other circumstances, such as the defendant's age, sex, criminal conduct, environment, family relationship, motive and consequence of a crime, circumstances after committing a crime, etc., and the sentencing conditions specified in the argument of this case, the sentence as ordered

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