A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

When any person liable for military service who is 25 years old or older and has not been called as the preliminary military service or supplemental service intends to travel abroad, he shall obtain permission from the Commissioner of the Military Manpower Administration, and where any person permitted to travel abroad cannot return to the Republic of Korea within the permitted period, he shall obtain permission to extend the period of travel or obtain permission to travel abroad by no later than 15 days before the expiration of the permitted period, and where any person who left the Republic of Korea before

As the Defendant, who was liable for military service and was staying in the United States from May 9, 2006, obtained permission from the Commissioner of the Military Manpower Administration to extend the overseas travel period from January 1, 2014 to December 31, 2014, the Defendant is required to obtain permission for extension of the period from the Commissioner of the Military Manpower Administration by 15 days before the expiration of the period.

Nevertheless, the defendant did not return to Korea or obtain permission for extension of the period until December 31, 2014.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the accuser or accuser;

1. Application for permission to travel to the National Assembly, advance notice on the expiration of the permission period for travel to the National Assembly, and dispatch notice on the expiration of the permission

1. Status of individual entry or departure;

1. Application of Acts and subordinate statutes, such as documents and passports related to citizen identification;

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

1. The defendant, who is liable for military service and continued to stay in the U.S. without any justifiable reason despite the expiration of the period of permission for overseas travel, as a result, failed to perform his duty of military service.

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, and to other crimes of this case.