A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The Defendant was born in B, left Canada for the purpose of visit on October 16, 1994, and continued to reside there, and acquired the citizenship of Canada around January 18, 2008, lost the nationality of the Republic of Korea on January 18, 2014, and entered the Republic of Korea around April 19, 2016.

Persons of military service who have left Korea before being transferred to the first citizen service shall be determined to be 18 years of age;

1. To obtain permission for extension of the period of overseas travel or period from the head of the Military Affairs Administration up to 15;

Nevertheless, the Defendant, who was scheduled to be transferred to the first citizen station from December 15, 2002, when he was 18 years of age to 18 years of age, left Canada on October 16, 1994, and did not obtain permission for overseas travel from the Administrator of the Military Affairs Administration until January 15, 2002.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Articles 94 and 70(3) of the former Military Service Act (amended by Act No. 6749 of Dec. 5, 2002) concerning criminal facts

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the commission of the crime, and circumstances after the commission of the crime, shall be determined in full view of the sentence as ordered.

D. Unfavorable circumstances: The Defendant continued to stay in Canada without obtaining permission for overseas travel as a person without military service, thereby failing to perform his duty of military service.

Considering the meaning and importance of the performance of military service duty in our society, the criminal nature of the defendant's crime of violating the Military Service Act is not weak.

The favorable circumstances: the defendant does not have any domestic criminal records.

The purpose of the defendant is to evade military service from the beginning in view of the fact that the defendant had been living in Canada for about 20 years since he left Canada with his parents in 194 when he had been living in Canada.