A defendant shall be punished by imprisonment for four 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

The defendant is a person with no military service.

A person who had left the Republic of Korea before reaching 25 years of age shall obtain permission for overseas travel by January 15 of the year in which he turns 25 years of age.

Nevertheless, on December 8, 2016, before becoming 25 years of age, the Defendant continued to stay abroad without obtaining permission for overseas travel from the head of the Military Affairs Administration until January 15, 2017, when he/she went to the United States through the Incheon International Airport on December 8, 2016, and stayed abroad.

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of Acts and subordinate statutes to each individual's immigration status, accusation, family relation certificate, basic certificate, investigation report (verification of entry or departure details of the suspect or suspect's family members);

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

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the circumstances favorable to the reasons for sentencing as set forth below)

1. The summary of the argument and the defense counsel are cases where the defendant was born in the United States and resided mainly in the United States, other than the United States, in which the defendant was born and resided in the Republic of Korea with the citizenship of the United States, and thus did not know that he was a person who acquired the citizenship of the Republic of Korea besides the U.S. citizenship, so there was no intention in violation of the Military Service Act, and the defendant continued to reside abroad as the defendant obtained the citizenship of the United States, and thus, the defendant is deemed to have obtained permission for overseas travel until

2. Comprehensively taking account of the evidence duly adopted and examined by this court, the fact that the defendant was born between the parents of the Republic of Korea and acquired the U.S. citizenship at the same time, the defendant's mother's birth report in Korea on December 17, 1998 and was registered in the family relation register, and the defendant's external father on December 31, 199.