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.

A person who departs from Korea before being transferred to the station of the first citizen shall obtain permission for overseas travel by January 15 of the year in which he becomes 18 years of age.

Nevertheless, the Defendant left the Republic of Korea on July 29, 200 and did not obtain the permission for overseas travel from the head of the Military Affairs Administration until January 15, 2003, which became 18 years old.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of the Acts and subordinate statutes notifying persons who have not returned to overseas travel;

1. Articles 94 and 70(3) of the former Military Service Act (amended by Act No. 6809 of Dec. 26, 2002) concerning criminal facts

1. All citizens having reasons for sentencing under Article 62(1) of the Criminal Act shall have the duty of national defense equally in accordance with the Constitution and the law;

Nevertheless, the Defendant did not comply with the order to return to Korea for a long time and did not perform his duty of military service.

The defendant's will to perform his duty of military service is also rarely late.

However, in light of the details of departure from Korea, the age and status at the time, and the progress of the case, the situation of evasion of military service can be long-term in response or neglect of guardians rather than with a clear legal alternative.

In addition, as the defendant acquired citizenship in the country of his recent stay, the fact that there is a high possibility that he will be finally exempted from military service due to the waiver of nationality, and the support relationship dependent solely on the defendant, etc. shall be considered as favorable circumstances.

Comprehensively taking account of sentencing factors, the treatment in society is deemed appropriate.

No incidental disposition related to a domestic protective observation office shall be concurrently imposed in consideration of the body, grounds, departure schedule, etc. of a defendant.

The punishment for six months shall be determined by imprisonment within the scope of the punishment to be imposed, but the execution thereof shall be suspended for a period of one year.