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(영문) 인천지방법원 2018.05.28 2018고단2735
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

The defendant is a person with no military service.

A person with no military service who left the Republic of Korea before he/she reaches 25 years of age shall be subject to 25 years of age.

1. They shall obtain the permission on overseas travel until 15.

Nevertheless, the Defendant left Korea on May 8, 2009 and stayed abroad by March 1, 2018 without obtaining permission for overseas travel until January 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. All citizens having reasons for sentencing under Article 62(1) of the Criminal Act shall have the duty of national defense equally in accordance with the Constitution and the law;

However, it is difficult to regard me as a final and conclusive objection to military service or a malicious evasion case of military service in this case, and treat him within society only once in consideration of the status of dual nationality, etc.

The punishment for six months shall be determined by imprisonment within the scope of the punishment to be imposed, but the execution thereof shall be suspended for a period of one year.

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