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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.
Reasons
Criminal facts
On January 14, 2013, the Defendant, as a person of military service, left the UK and did not return to the Republic of Korea after the lapse of December 31, 2013, on December 31, 2013, without justifiable grounds, without obtaining permission for extension of the period of overseas travel from the head of the Military Manpower Administration or obtaining permission for overseas travel until December 16, 2013, which is 15 days before the expiration of the period of overseas travel permission.
Summary of Evidence
1. Report on investigation into suspect interrogation protocol for each police officer against the accused and B (related to the issuance of temporary passport) and investigation report (related to the statement of the suspect by the competent military manpower office);
1. The filing of an accusation, a written accusation, a notice prior to the expiration of the period of overseas travel, a certificate of military register issued by a person not permitted to travel overseas, and the application of statutes governing the suspect passport;
1. Article 94 (2) and Article 70 (3) of the relevant Act on criminal facts;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, as a person without military service, failed to return to the Republic of Korea without justifiable grounds despite the expiration of the period of permission for overseas travel, is negative.
However, on February 27, 2017, the defendant acquired the citizenship of the UK and lost the citizenship of the Republic of Korea on February 28, 2018, thereby failing to bear the duty of military service any longer, and the defendant has no record of criminal punishment, the defendant's age, sexual conduct, environment, background and result of the crime, and other various sentencing conditions indicated in the records, such as the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.