beta
Text
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
Where any person liable for military service leaves the Republic of Korea without obtaining permission for overseas travel before he turns 25 years of age, he shall obtain permission for overseas travel by January 15 of the year he turns 25 years of age.
Despite the fact that the Defendant, as a person liable for military service, left Canada on January 29, 200 and was under the age of 25 September 15, 201, he continued to stay in Canada from January 15, 201 without obtaining permission from the Commissioner of the Military Manpower Administration for overseas travel until January 28, 2018.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. A written accusation (including attached documents);
1. Notification of entry and the application of Acts and subordinate statutes on entry and departure status (A);
1. The grounds for sentencing under Articles 94(2), 70(1), and 70(3) of the Act on the Punishment of Criminal Crimes have never existed on the part of the Defendant. However, the Defendant, as a person under obligation to serve in the military, continued to stay in Canada without any justifiable reason despite the expiration of the overseas travel period, and entered Canada on January 29, 2018, and the Defendant was investigated by an investigative agency on February 9, 2018, and went back his whereabouts after having been investigated by the investigation agency on one occasion. The purpose of the crime of this case prescribed under the Military Service Act is to prevent the Defendant from evading his duty of military service by ensuring the faithful performance of his duty of military service and by means of staying abroad, taking into account the various circumstances revealed in the records and arguments of this case, including the Defendant’s age, character and conduct, motive for and consequence of the environmental crime, means and result of the crime, and the circumstances after the crime, etc.