A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

A person who had left the Republic of Korea before he turns 25 years old shall obtain permission for overseas travel from the head of the Military Affairs Administration by January 15 of the year in which he turns 25 years old, and shall not stay abroad without obtaining permission for overseas travel.

On August 23, 2010, before becoming 25 years of age, the Defendant left Korea on August 23, 2010, but did not obtain permission for overseas travel from the head of the Military Affairs Administration until January 15, 2013, which became 25 years of age, and stayed abroad until June 21, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of immigration status, immigration-related Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is deemed to be a crime committed by the Defendant on account of having not been aware of the Military Service Act, and there is no previous conviction and reflect, and other circumstances indicated in the instant pleadings, including the Defendant’s age, sex, criminal conduct, family relationship, environment, circumstances and result of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the sentence.