A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, who was liable for military service and went to the United States on January 13, 2001 for studying abroad, was permitted to extend the travel period from July 1, 2001 to June 30, 2002 by the Commissioner of the Military Manpower Administration, and returned to the Republic of Korea on July 2, 2019.

Persons liable for military service who have obtained permission for overseas travel shall not return to the Republic of Korea within the permitted period without justifiable grounds, and where they cannot return to the Republic of Korea within the permitted period, they shall obtain permission for extension of their period or permission for overseas travel 15 days before

Nevertheless, on June 30, 2002, the Defendant did not return to the Republic of Korea within the permitted period for extension of overseas travel without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Application of statutes to permit the entry into and departure from Korea on each opening day, accusation, and extension of the period of overseas travel;

1. Articles 94 and 70(3) of the former Military Service Act (amended by Act No. 6547 of Dec. 29, 2001) concerning criminal facts

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is that the Defendant has stayed abroad for a long time while evading the duty of military service, which is the basic duty of the people under the Constitution, and thereafter returned to the Republic of Korea at the time of exemption from the duty of enlistment in active duty service, and the nature of the crime is not weak, and the possibility

However, the execution of imprisonment is suspended in consideration of the fact that the defendant seems to have changed his mistake late and that there is no criminal history against the defendant.