'Volunteer Soldier Participation' Unauthorized Entry into Ukraine... 20s Fined Again in Appeal Trial
Chuncheon District Court Sentences Fine of 3 Million Won
A man in his 20s who illegally entered Ukraine to join the volunteer forces was sentenced to a fine again in the appellate court following the first trial.
On the 23rd, the Chuncheon District Court Criminal Division 1 (Chief Judge Shim Hyun-geun) announced that Mr. A (27), who was indicted for violating the Passport Act, was sentenced to a fine of 3 million won, the same as the original trial.
Mr. A was prosecuted for allegedly departing for Poland through Incheon International Airport on March 7 last year, then entering Ukraine, which was designated as a travel-restricted area, via land through Poland on March 9, and staying there for six months.
The government designated and announced Ukraine, which is at war with Russia, as a country subject to passport use restrictions or visit and stay bans on February 12 last year due to "unstable political and security situations." However, Mr. A violated this and entered Ukraine to join the volunteer forces.
The Chuncheon District Court Wonju Branch, which handled the first trial, pointed out, "Visiting Ukraine, designated as a travel-restricted area, can impose an excessive burden on the state, so strict punishment is necessary." However, it explained the reason for the fine by considering "Mr. A's confession and remorse, and the fact that he voluntarily surrendered to the investigative authorities after returning to Korea."
The prosecution appealed, arguing that "the sentence is too light." The appellate court, after reviewing the prosecution's claim, dismissed it, stating, "There is no change in the circumstances that would affect sentencing since the original judgment was announced."
Meanwhile, former Captain Lee Geun (39), who was also prosecuted for illegally entering Ukraine like Mr. A, was sentenced to a suspended prison term in the first trial and appealed. Lee was tried for violating the Passport Act as well as hit-and-run injury under the Act on the Aggravated Punishment of Specific Crimes.
On August 8, Judge Jung Jae-yong of the Seoul Central District Court Criminal Division 21 found Lee guilty of all charges including violating the Passport Act and hit-and-run injury under the Act on the Aggravated Punishment of Specific Crimes, sentencing him to 1 year and 6 months in prison with a 3-year suspension. He was also ordered to complete 80 hours of community service and 40 hours of defensive driving courses.
Lee, a former captain of the Navy Special Warfare Brigade, was prosecuted in January for entering Ukraine, where a Level 4 travel advisory (travel ban) was issued, without permission from the Ministry of Foreign Affairs to use his passport. Lee departed in March last year, shortly after the outbreak of the Ukraine war, and joined Ukraine’s foreign unit, the "Territorial Defense Forces International Legion." He claimed to have been injured in battle and returned to Korea in May of the same year for treatment, voluntarily appearing at the police station. Lee was also indicted for leaving the scene without providing aid after causing an accident with a motorcycle while driving in Seoul in July last year.
The court stated, "Staying in Ukraine and participating as a volunteer soldier could impose an excessive burden on the state, regardless of the defendant's intentions." Regarding the hit-and-run injury charge under the Act on the Aggravated Punishment of Specific Crimes, the court said, "The victim’s injury was not minor, and no settlement was reached with the victim."
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Both Lee and the prosecution appealed. The prosecution filed an appeal because the first trial sentence was lighter than the requested 1 year and 6 months imprisonment, and Lee submitted an appeal one day after the prosecution’s appeal.
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