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(영문) 광주지방법원 목포지원 2020.06.05 2019고단952
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Any person who has left Korea before being transferred to the first citizen service shall obtain permission for overseas travel or extension of the period from the Commissioner of the Military Manpower Administration by January 15 of the year in which he turns 18.

Nevertheless, the Defendant, before being assigned to the first citizen service, left Canada on December 9, 1997 and stayed abroad until November 9, 2018 without obtaining permission from the Commissioner of the Military Manpower Administration for travel or extension of the period of time until January 15, 1999 when he attains 18 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. The application of Acts and subordinate statutes to a written accusation, a written accusation, a written statement of accusation, the status of entry and departure of each individual, a criminal investigation report (tel/C), a travel certificate (T/C) for an administrative restraint person, and a report on investigation (related to the filing of a written

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. The sentence shall be determined as ordered in consideration of the fact that the reason for sentencing under Article 62(1) of the Criminal Act is recognized and reflected, the fact that the person currently has served as a social work personnel is considered favorable to the defendant, and other conditions of sentencing as shown in the records and arguments, such as the age, character and conduct of the defendant, family relations, and

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