However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

A person without military service shall return home within the period of overseas travel permitted by the Commissioner of the Military Manpower Administration.

The Defendant, as a person of military service, left the United States around August 13, 2004, and was granted permission from the head of the Military Affairs Administration for the extension of the overseas travel period from January 1, 2015 to December 31, 2015, but did not return to the Republic of Korea before December 31, 2015 without justifiable grounds, even though he was granted permission for the extension of the overseas travel period from January 1, 2015 to December 31, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Status of entry or departure of each individual ( May 16, 2017)

1. Extension permission sources:

1. Inquiry into military register;

1. Application of Acts and subordinate statutes to electronic inquiry documents;

1. Article 94 of the former Military Service Act (Amended by Act No. 13778, Jan. 19, 2016) regarding criminal facts

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act provides that the defendant shall not have returned to Korea for more than 12 years, and that he returned to Korea one year and four months after the expiration of the permission period, and that the purpose of the instant crime is to complete studies, and that the purpose of the instant crime is not to evade the duty of military service (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) appears to be not to be the fact that the defendant was unable to complete his studies within the permission period, due to the circumstances of the defendant, and did not return to Korea for more than one year after graduation), that the defendant is against the defendant, and that

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;