A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant obtained permission from the head of the Military Affairs Administration of December 25, 1997 to study in the United States on a foreign travel based on December 24, 199, and obtained permission for the extension of the overseas travel period from the head of the Military Affairs Administration of December 25, 199 to September 30, 201, and stayed in the United States upon obtaining permission for the extension of the overseas travel period from the head of the Military Affairs Administration of October 1, 2001 to December 31, 2004.

Where a person who has obtained permission to travel abroad is unable to return to the Republic of Korea within the permitted period, he/she shall obtain permission for extension of the period from the head of the Military Manpower Administration by no later than 15 days before the expiration of the period,

Nevertheless, the Defendant was informed by the Military Manpower Administration on August 13, 2004 that it is difficult to obtain permission to extend the period of overseas travel from his family members, and settled in the United States with his family members, and stayed in the United States by August 13, 2017 without obtaining permission to extend the period of overseas travel until December 16, 2004, which is 15 days before the expiration of the period for the purpose of evading military service.

Accordingly, the defendant was staying in the United States without obtaining permission to extend the period of overseas travel from the head of the Military Affairs Administration.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written accusation;

1. Accusation of a violator of an obligation to permit overseas travel, the service of a notice of non-return to overseas travel (1j), the service of a notice of non-return to overseas travel (2j), the entry and departure status of each individual, the military register, the statement of permission for extension of overseas travel (Evidence Nos. 8, 12), the confirmation of attendance, the letter of guarantee of return to overseas, and the application

1. Articles 94 and 70 (3) of the relevant Act concerning facts constituting an offense (amended by Act No. 9754 of Jun. 9, 2009)

1. Article 62(1) of the Criminal Act (the defendant, who acquired U.S. citizenship around March 2014, lost his/her nationality and thereby exempted his/her military service.