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

Although the defendant, as a person of military service, left the United States for the purpose of studying abroad and obtained permission from the Military Manpower Administration for an overseas travel from September 1, 2004 to June 30, 2006, he did not return to the Republic of Korea within the permitted period without justifiable grounds after departure from the Republic of Korea on August 31, 2003.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement that is the accusation of D;

1. Application of Acts and subordinate statutes to accusation reports, military register inquiries, current status of individuals’ entry and departure, computerized family register, notification letter to the person whose period of permission for overseas travel expires, and data on requesting guidance for their return

1. Articles 94 and 70(3) of the former Military Service Act (amended by Act No. 9754 of Jun. 9, 2009) on criminal facts

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Military Service is that the Defendant, as a person without any justifiable reason, failed to return to Korea without obtaining permission for overseas travel even though the period of obtaining permission for overseas travel expires, and the purport of the aforementioned act is to prevent the Defendant from evading the duty of military service by ensuring faithful performance of the duty of military service and by staying abroad. In comparison with the case of evading other military service, even if the instant crime is committed in comparison with the case of evading other military service, the nature of the crime is not somewhat weak, and the possibility of criticism is also high. However, the Defendant appears to have not left Korea for the purpose of evading the duty of military service from the beginning. The Defendant acquired the U.S. citizen right in 2013 and lost the nationality of the Republic of Korea, thereby failing to perform the duty of military service as a citizen of the Republic of Korea. The Defendant is against his mistake, the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and other circumstances revealed in the oral proceedings in this case.