A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

Where a person who is an unqualified person for military service and has not been called to the preliminary military service or supplemental service, intends to travel abroad, he/she shall obtain permission from the head of the Military Manpower Administration, and in such cases, he/she shall return to the Republic of Korea within the permitted period, and if it is difficult to return to the Republic of Korea within the permitted period, he/she

Nevertheless, the Defendant, as a person subject to call-up of social service personnel, left the Republic of Korea for one year from November 18, 2014 to November 17, 2015 after obtaining permission for overseas travel from the head of the Military Affairs Administration of Daejeon District Office, and left the Republic of Korea on February 26, 2015, 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. A protocol concerning the examination of suspect against the defendant;

1. B written statements;

1. Application of immigration Acts and subordinate statutes on individuals;

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

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act (in light of the purport of the above provision for the evasion of military service, the defendant, even though he had been aware that he had to return to the Republic of Korea after the period of permission for overseas travel expires, his responsibility is not specified, since he did not return to the Republic of Korea on personal grounds. However, in this court, he shows misunderstanding of his mistake and shows his intention to faithfully fulfill his duty of military service, etc.).