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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person with no military service.
Where a person who has obtained permission to travel abroad as a person in the military service fails to return to Korea within the permission period, he shall obtain permission to extend the period or obtain permission to travel abroad from the head of Military Manpower Administration
Nevertheless, the Defendant obtained permission for the extension of the period from March 6, 2017 to December 31, 2017. On March 11, 2017, the Defendant left the Republic of Korea through an aircraft in the Incheon International Airport located in the Jung-gu Incheon Airport, Jung-gu, Incheon Airport on March 11, 2017, and did not return to the Republic of Korea within the permitted period without obtaining permission for extension of the period of travel from the head of the Military Affairs Administration by December 16, 2017, 15 days before the expiration of the period of permission, without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation and a written statement and a written statement of the accuser;
1. A criminal investigation report (Attachment to immigration records);
1. Application of the statutes to inform the accused of violating the obligation to obtain permission for overseas travel;
1. Article 94 (2) and Article 70 (3) of the relevant Act on criminal facts;
1. In light of the purport of the Military Service Act that guarantees the fulfillment of the duty of military service imposed on the citizens of the Constitution on the grounds of sentencing Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, Defendant is subject to strict punishment. There is no criminal history against Defendant o. There is no criminal history. In addition, sentencing conditions under Article 51 of the Criminal Act should be comprehensively taken into account, and the sentence is determined