Where a person in the military service intends to make an overseas travel, he/she shall obtain permission for overseas travel from the head of the Military Manpower Administration, and where a person who has obtained permission for overseas travel is unable to return to the Republic of Korea, he/she shall obtain permission for the extension of the period or overseas travel

The Defendant left the U.S. around August 19, 2013 and stayed in the U.S. on the grounds of short-term travel from the head of the Military Affairs Administration around January 4, 2016 (the permitted period: January 1, 2016 to December 31, 2016).

On the other hand, although the defendant was to return to Korea until December 31, 2016, he did not return to Korea within the above permitted period, and he did not obtain permission for extension of the period or permission for overseas travel from the head of the Military Affairs Administration by no later than 15 days before the expiration

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) of the relevant Act on criminal facts;

1. Six months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) that the Defendant continued to study from a middle school to a university in the United States, and went beyond the deadline for returning to Korea due to the circumstances such as arranging a living in the United States where he was raising her young child by marriage, there is room to consider the circumstances of crime; the Defendant voluntarily entered the Republic of Korea; the Defendant voluntarily sought to perform the prompt duty of military service; and