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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant shall obtain permission for extension of the period from the head of the Military Manpower Administration not later than 15 days prior to the expiration of the period, where a person who has obtained permission for overseas travel has difficulty returning to the Republic of

Nevertheless, the Defendant left the Republic of Korea after obtaining permission for overseas travel on January 18, 2019, but had expired on December 31, 2019, but did not obtain permission for the extension of the period without justifiable grounds, and did not return to the Republic of Korea until August 1, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a accusation, a written statement in charge of military affairs, the entry and departure status of each individual, and permission for overseas travel;

1. Article 94 (2) and Article 70 (3) of the relevant Act on criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., favorable circumstances for sentencing) is that the defendant not only did not extend the period of overseas travel as a person with no military service without justifiable grounds but also did not return to Korea despite the expiration of the period of permission.

However, considering the fact that the defendant is the first offender, the spread of the Corro or virus seems to have influenced the entry of the defendant, and the fact that the defendant has faithfully performed his duty of military service after that is favorable to the defendant.

In addition, the defendant's age, sex and environment, motive, background, means and result of the crime of this case, circumstances after the crime, and other conditions of sentencing as shown in the arguments of this case shall be determined as the sentence as ordered by considering the whole.