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

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

Punishment of the crime

When a person liable for military service intends to make an overseas trip, he shall obtain permission from the Commissioner of the Military Manpower Administration, and when it is difficult for him to return to the Republic of Korea within the permitted period, he shall obtain permission for the overseas trip or extension of period from the Commissioner of the Military Manpower Administration by 15 days before the expiration of the permitted period, and by January 15 of the year when he

The defendant, who is a person liable for military service who is a citizen of the Republic of Korea, departs from China on June 20, 2006 for the purpose of travel, and returned to China on October 30, 2006 within the permission period or failed to comply with the permission of the Commissioner of the Military Manpower Administration by 15 days before the expiration of the permission period without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Each military register inquiry, individual entry and departure status, application for permission for overseas travel to be liable for military service, the dispatch of a notice to the expiration of the period of permission for overseas travel and the application of Acts

1. Articles 94 and 70(3) of the former Military Service Act (amended by Act No. 7977 of September 22, 2006; hereinafter “former Military Service Act”) on criminal facts

1. Judgment on the defense counsel’s assertion under Article 62(1) of the Criminal Act

1. Claims that justifiable grounds exist;

A. The defense counsel asserts to the effect that the defendant was unable to return home and did not apply for the extension of the period of overseas travel because he did not return home because he did not return home and his passport to China on the grounds that the defendant got the help of the couple who is the father of a church and went to China. The defendant did not return home within the permitted period of time due to the fear that the defendant's passport was not returned from time to time. The defendant did not apply for the extension of the period of overseas travel.

B. Article 70(3) of the former Military Service Act provides that a person liable for military service shall return to the Republic of Korea within the permitted period after obtaining permission for overseas travel.