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 is a person with no military service.

The Defendant left the Republic of Korea through the Incheon Airport on November 24, 2010, and obtained permission from the Administrator of the Military Affairs Administration for overseas travel from August 2, 201 to December 31, 2011, but did not return to the Republic of Korea until December 31, 201, the permitted period without justifiable grounds, notwithstanding the permission for overseas travel from August 2, 201 to December 31, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Guidance on a person who has expired the permission period for overseas travel, guidance on his overseas travel period and return, request for guidance on the expiration of the permission period for overseas travel and the encouragement of his return to Korea, request for certifying the fact of entry and departure, application for extension of the period of overseas travel,

1. Article 94 (2) and Article 70 (3) of the relevant Act on criminal facts;

1. Article 62(1) of the Criminal Act provides that the statute of limitations for the instant indictment shall expire from January 1, 2012 when the period of permission to travel abroad was over, and the Defendant did not stay abroad for the purpose of escaping criminal punishment. Thus, the instant indictment asserts that the statute of limitations expires.

It is reasonable to view that the obligation to obtain permission for overseas travel under Article 70 (1) and (3) of the Military Service Act continues to continue to exist as long as the obligation continues to exist without obtaining permission for overseas travel or permission for extension of the period of overseas travel, not upon expiration of the said period. As such, the statute of limitations on the violation of the Military Service Act due to the violation of the above provision does not run from the time when the period of permission expires, but it shall be counted as at the time when the above obligation ceases to exist

According to the evidence duly adopted and examined by this court, the defendant can be found to have returned to the Republic of Korea on November 24, 2010 after leaving the Republic of Korea with the Philippines on May 10, 2018, and in light of the legal principles as seen earlier, the above facts of recognition are examined.