Taipei City Man Sentenced for Obstructing Military Service: Case Study Abroad and Legal Consequences

2024-01-27 11:01:21

(Schematic diagram/report photo)

A man surnamed Chen from Taipei City studied abroad and stayed in the United States to work as a system administrator following completing his studies. However, he had reached the maximum age limit for studying abroad and should return to serve in the country immediately. However, following he received the military order, he was diagnosed with the seriousness of the new coronavirus pneumonia epidemic. For this reason, he applied twice to postpone his return to the country to take the military service physical examination. He continued to stay abroad and refused to return to the country. He was transferred by the Beijing Municipal Government for investigation. After hearing the case, the Taipei District Court sentenced Chen Nan to five months in prison and a fine for obstructing military service.

The verdict pointed out that Chen Nan knew that he was a man of military age who left the country to study abroad at the age of 18. He is now over 30 and has exceeded the maximum age limit for studying overseas under the Military Service Law. He should return to the country to serve immediately. Before going to the Taipei City Zhongshan District Office (below) A letter from the Zhongshan District Office (hereinfollowing referred to as the Zhongshan District Office) urged him to return to the country to fulfill his military service obligations and was delivered by post to his and his mother’s place of residence. Both were signed and received by his mother on September 25, 2018.

On the grounds that Chen Nan was affected by the severe special infectious pneumonia epidemic, his mother applied on his behalf to postpone his return to the country to participate in the military recruitment inspection twice, and the deadline was to return to the country to perform military service obligations before September 9, 2011. When the suspension of return to the country expired, Chen Nan was supposed to return to the country according to the law to accept the conscription process, but he actually intended to avoid the conscription process. After being urged, he still stayed overseas and refused to return to the country. He failed to go to the inspection without any reason. So far, he has not been able to accept the conscription process.

The Taipei District Court considered that the defendant had no criminal record, but he clearly knew that all men of military age were obligated to perform military service, and did not return home following the expiration date. He also failed to return to the country to accept military conscription despite being urged to do so, thus obstructing the recruitment and collection of military service matters by the military administration agencies. Management, harming the potential of national defense mobilization forces, what he did was really inappropriate. Taking into account the intellectual level of the defendant who had not graduated from college and his self-reported economic and living conditions as a system administrator in the United States, he was sentenced to five months in prison for the crime of obstructing military service, and he might Yike fine.

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