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(영문) 수원지방법원 2018.03.29 2017고단7512
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, a person of military service with the nationality of the Republic of Korea, who left the Republic of Korea on September 12, 2001, on the 32-year old red bean and entered the Republic of Korea through the Incheon Airport on October 11, 201, after having been forced in the United States on September 11, 201.

A person with no military service who left the Republic of Korea before reaching 25 years of age shall obtain permission for extension of the period or overseas travel from the head of the Military Manpower Administration by January 15 of the year when he turns 25 years of age.

Nevertheless, the Defendant resided in the United States without obtaining permission for extension of the period of time or permission for overseas travel from the head of the Military Manpower Administration until January 15, 2011, which became 25 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of immigration Acts and subordinate statutes on individuals;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., the fact that the defendant is against his will, the fact that he is scheduled to enlist on or around September 2018, and the fact that he is a primary offender);

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