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

On December 25, 1996, the defendant left the Republic of Korea without obtaining permission for overseas travel before being transferred to the first national service, and thus, the defendant stayed abroad without any justifiable reason despite obtaining permission for overseas travel or extension of the period from the head of the Military Affairs Administration until January 15, 2004 of the year when he turns 18 years old.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written accusation;

1. Investigation report (Attachment to the current status of entry or departure for each suspect);

1. The application of Acts and subordinate statutes to each administrative guidance;

1. Articles 94 and 70(3) of the former Military Service Act (amended by Act No. 9754 of Jun. 9, 2009) on criminal facts

1. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act are deemed to have not left the country for the purpose of evading the duty of military service from the beginning, taking into account the following: (a) there are circumstances that may be somewhat different from the circumstances or motive leading to the instant crime; (b) there is no criminal record against the Defendant; (c) the Defendant mistakenly recognized and reflected the Defendant’s mistake; and (d) the Defendant is obliged to faithfully perform the duty of military service in the future.