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

A person without military service who has obtained permission to travel abroad shall obtain permission for the extension of the period or permission for overseas travel from the head of the Military Manpower Administration by no later than 15 days before the expiration of the period where he/she has difficulty in returning to the Republic of Korea, and by no later than January 15 of the year when he/she turns 25.

Nevertheless, the Defendant, as a person with no military service, left the Republic of Korea with permission for short-term travel on August 14, 2001, and did not obtain permission for the extension of the period or permission for overseas travel from the head of the Military Manpower Administration, despite the expiration of the period of overseas travel on December 31, 2010, and did not return to the Republic of Korea without justifiable grounds even after receiving a demand notice issued by the Seoul Regional Military Manpower Administration to return to the Republic of Korea until January 30, 201, which is within 30 days from the expiration

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to the draft D;

1. Article 94 and Article 70 (3) of the former Military Service Act (Amended by Act No. 13778, Jan. 19, 2016) on criminal facts

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Military Service is that the Defendant, as a person without military service, failed to return to Korea without any justifiable reason despite the expiration of the overseas travel period as a person without military service, and thereby failed to perform his duty of military service. The purport of the aforementioned act is to ensure faithful performance of the duty of military service and prevent the evasion of the duty of military service as a means of staying abroad. In addition to the case of evading other military service, even if the instant crime is compared to the case of evading the duty of 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, and the defendant acquired the U.S. citizenship in 2016 and lost the citizenship of the Republic of Korea, thereby failing to perform military service as a national of the Republic of Korea, and the defendant made a mistake.