A defendant shall be punished by imprisonment for one year.

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

Where a person liable for military service who has obtained permission for overseas travel fails to return to the Republic of Korea, he shall obtain permission for extension of the period of permission from the Commissioner of the Military Manpower Administration not later than 15 days before the expiration of the period of permission, and shall not depart from the Republic of Korea or sojourn abroad with the purpose of evading the obligation of military service or obtaining permission for extension

around September 7, 200, the Defendant left the Republic of Korea with obtaining permission for overseas travel from the Commissioner of the Military Manpower Administration on the ground of studying abroad and living abroad. On June 21, 2006, the Defendant was denied on June 29, 2006, and the period of the permission for overseas travel expired as of June 30, 2006, but did not return to the Republic of Korea without justifiable grounds.

Accordingly, the defendant stayed abroad without obtaining permission for extension of overseas travel with a view to evading military service.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes for permission for overseas travel (extension of period) to a person liable for military service, who knows the result of conducting military search or overseas travel;

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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentence, such as the following circumstances, and the age, character and conduct, environment, motive and consequence of the crime, and circumstances constituting the sentencing conditions indicated in the records of the instant case, shall be imposed in full view of the sentence as ordered.

D. Unfavorable circumstances: The Defendant, who was liable for military service and did not return to Korea without any justifiable reason even though the period of permission for overseas travel expires.

The purpose of the Military Service Act, which defines the act as a crime, is to ensure the faithful performance of the duty of military service and to prevent the evasion of the duty of military service as a means of staying abroad.