However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Persons liable for military service who have left Korea before being transferred to the first militia service shall obtain permission for extension of their period or permission for overseas travel by January 15 of the year in which they turn 18 years of age.

Nevertheless, the defendant left Canada before being transferred to the first citizen service around October 1995 and did not obtain permission from the Commissioner of the Military Manpower Administration until January 15, 200 for the year when he turns 18 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Status of individual entry and departure;

1. Statement of the accuser and written accusation;

1. Confirmation of issuance of a passport and notification to return to the Republic of Korea;

1. Application of Acts and subordinate statutes to investigation reports (reports on overseas travel of suspects and confirmation of permission dates);

1. Articles 94 and 70(3) of the former Military Service Act (amended by Act No. 6749 of Dec. 5, 2002) concerning criminal facts

1. Article 62(1) of the Suspension of Execution of the Criminal Act (see, e.g., circumstances leading to the instant crime, the recognition of the instant crime, and the fact that there are no other criminal records) (the defense counsel asserts that the statute of limitations expires because it is the period during which the Defendant leaves the Republic of Korea. Thus, the instant facts charged cannot be deemed that the statute of limitations expires. However, the Defendant’s obligation to obtain permission to travel abroad does not cease to exist upon the lapse of January 15 of the year when the Defendant turns 18 years old, and the period during which the Defendant stays abroad without obtaining permission to travel abroad shall be deemed to continue to exist. Therefore, since the statute of limitations does not run due to the Defendant’s continued to stay abroad while obtaining permission to travel abroad, the Defendant’