병역법위반
A defendant shall be punished by imprisonment for six months.
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.
Punishment of the crime
The defendant is a person with no military service, who has obtained permission for overseas travel from January 1, 2015 to December 31, 2015 due to short-term travel.
Where a person in the military service intends to make an overseas trip, he/she shall obtain permission for the overseas travel from the head of the Military Manpower Administration, and where it is impracticable for him/her to return to the Republic of Korea within the permitted period, he/she shall obtain the permission for the extension of the period or the permission for overseas travel through the head
On December 31, 2015, the Defendant was provided with guidance on the expiration of the period of permission to travel abroad at a Buddhist area on December 31, 2015, but did not return to Korea within the period of permission without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Accusation against a person liable to obtain permission for overseas travel and application of the Acts and subordinate statutes to dispatch notice thereof;
1. Article 94 (2) and Article 70 (3) of the relevant Act on criminal facts;
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Supreme Court Decision 201Do1448, Apr. 21, 201; Supreme Court Decision 201Do148, Apr. 21, 201)