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.

The defendant was a person who left the Republic of Korea at the time of military service and acquired the citizenship of the head of Australia on March 19, 2015.

Where a person who has obtained permission to travel abroad as a person without military service is unable to return to the Republic of Korea, he/she shall obtain permission to extend the period from the head of the Military Manpower Administration 15 days

On November 20, 2013, the Defendant obtained permission for overseas travel from the head of the Military Affairs Administration from November 29, 2013 to November 28, 2014, and without obtaining permission for overseas travel, from November 29, 2013 to November 29, 2014, to 15 days before the expiration of the period, and did not return to the Republic of Korea within the permitted period without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written accusation;

1. Details of permission for overseas travel and current status of individual entry or departure;

1. Application of Acts and subordinate statutes governing receipt certificates;

1. The reason for sentencing under Articles 94 and 70(3)1 of the former Military Service Act (amended by Act No. 13778, Jan. 19, 2016) on criminal facts lies in: (a) the Defendant, as a person without military service, failed to return to Korea without justifiable grounds despite the expiration of the overseas travel period as a person with no military service; and (b) the purpose of the aforementioned act prescribed as a crime under the Military Service Act is to prevent the evasion of the military service by ensuring the faithful performance of the military service duty and by staying abroad; and (c) the purport of the same act prescribed as a crime under the Military Service Act is to prevent the evasion of the military service by means of having the duty to stay abroad, such as the nature of the crime, even if compared to the case of evading other military service.

However, it seems that the defendant did not depart from the Republic of Korea for the purpose of evading military service from the beginning; the defendant acquired the Australia citizen's right in 2015 in 2015 and lost the citizenship of the Republic of Korea; the defendant has no obligation to serve in the military as a national of the Republic of Korea; the defendant is against his mistake; the defendant has no previous conviction against the defendant; and the defendant has no previous conviction.