A person without military service who has obtained permission to travel abroad shall obtain permission for the extension of the period from the head of the Military Manpower Administration by no later than 15 days before the expiration of the period.

Nevertheless, the Defendant, as a person without military service, went to Japan after obtaining permission for overseas travel from September 21, 2015 to December 31, 2016, and applied for the extension of the period of overseas travel prior to the expiration of the above period of overseas travel, but was rejected on December 27, 2016 and was notified to return to Korea until January 30, 2017, but did not return to Korea without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement that is written by the accuser;

1. Application of Acts and subordinate statutes to an entry into and departure from the Republic of Korea, a notice on expiration of overseas travel, and an extension of overseas travel;

1. Article 94 (2) and Article 70 (3) of the relevant Act on criminal facts;

1. Four months of imprisonment to be suspended;

1. It is so decided as per Disposition by the assent of all participating Justices on the grounds of Article 59(1) of the Criminal Act (such as: (a) the entry into the Republic of Korea more than seven days after the application for permission to extend the period of stay in Korea was rejected during a graduate school of the Republic of Korea in the Republic of Korea; (b) the circumstances leading to the commission of the crime are somewhat extenuating circumstances; (c) the prompt performance of military service is desired; and (d) the first offender is considered.