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(영문) 수원지방법원 성남지원 2014.07.04 2014고단1094
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person liable for military service who has not undergone a draft physical due to C's birth and falls under the first citizen service at least 25 years of age from October 15, 2008, and intends to travel abroad, the permission from the Commissioner of the Military Manpower Administration shall be obtained

The Defendant obtained permission from the Commissioner of the Military Manpower Administration to travel for a short term from January 1, 2009 to September 13, 2009; from September 28, 2009 to September 27, 2010, the Defendant left the Republic of Korea as Australia on September 29, 2009 with permission to extend the period of travel for a short term travel; and thereafter, the Defendant did not return to the Republic of Korea until September 27, 2010 for the permitted period without justifiable grounds without obtaining permission or permission to travel.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of application for overseas travel permission; and

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 94 of the pertinent Act on criminal facts, Articles 94 and 70 (3) of the Military Service Act on the Selection of Penalties, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act);

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