A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

When a person in the military service intends to make an overseas trip, he/she shall obtain permission from the head of the Military Manpower Administration, and when a person permitted to make an overseas trip fails to return to the Republic of Korea within the permitted period, he/she shall obtain permission to travel

The defendant, as a citizen of the military service with interest of the Republic of Korea, left the United States for studying abroad on March 31, 1991, and returned to the Republic of Korea on December 31, 2002 within the permission period, or failed to implement it without justifiable grounds, even though he obtained permission for extension of the period from the head of the Military Affairs Administration by 15 days before the expiration of the above period.

Summary of Evidence

1. Defendant’s legal statement

1. A B written statement of the accuser;

1. Application of Acts and subordinate statutes to notify individual persons of their entry into and departure from the Republic of Korea, review of permission for extension of overseas travel, application for permission for extension of the period of stay in the Republic of Korea, confirmation of his/her attendance, letter of guarantee of return, notification of

1. Articles 94 and 70(3) of the former Military Service Act (amended by Act No. 9754 of Jun. 9, 2009) on criminal facts

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order is that Defendant failed to comply with the procedures for a person who obtained permission for overseas travel as prescribed by the Military Service Act as a person with no military service, thereby evading the duty of military service, and the liability

However, the defendant's mistake is unfolded and reflected in depth.

It seems that it was difficult to enter the Republic of Korea within the period of execution of military service with the wind of long-term covering crimes in the United States.

There are extenuating circumstances such as the first offender who has no criminal history in Korea.

In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime.