(영문) 서울중앙지방법원 2018.12.20 2018고단6522

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텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.12.20 2018고단6522

병역법위반

Text

A defendant shall be punished by imprisonment for four 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

The defendant shall return to the Republic of Korea for permitted period after obtaining permission from the head of the Military Manpower Administration for military service of public duty personnel who have served as public duty personnel for viewing Namyangju.

Nevertheless, the Defendant left Korea with the permission from the head of the Military Affairs Administration for a short-term travel from September 25, 2012 to September 30, 2012, and did not return to Korea for the permitted period without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. The entry or departure status of each individual;

1. Application of Acts and subordinate statutes to each investigation report (attached details, such as the current status of entry or departure of a suspect, inquiries by residents, hearing statements by a person in charge of the Military Manpower Administration related to the military service of a suspect, attaching the details of inquiry into an

1. Article 94 and Article 70 (3) of the former Military Service Act (Amended by Act No. 13778, Jan. 19, 2016) on criminal facts

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of Sentence 1 of the Criminal Act shall be determined as ordered by taking full account of the following factors: (a) the defendant, a person in the military service, has been staying in a foreign country for a long time without any justifiable reason after the expiration of the period of permission for overseas travel and has evaded his duty of military service; (b) the defendant recognized the facts charged and divided his mistake in depth; and (c) the defendant has no record of criminal punishment other than one time fine due to the violation of the Road Traffic Act; and (d) the defendant’s character and behavior, the environment, motive, means and consequence of the crime, and all the conditions of sentencing

참조조문

-병역법 제70조 제3항

-병역법 제94조

-형법 제62조 제1항

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