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 became final and conclusive.

Punishment of the crime

Although the Defendant, as a person of military service, was staying in France, etc. with permission for overseas travel from January 31, 2014 to January 30, 2015, and it is difficult to return to the Republic of Korea, the Defendant did not return to the Republic of Korea within the permitted period without justifiable grounds by not later than 15 days before the expiration of the period.

Summary of Evidence

1. The defendant's legal statement (the fourth public trial date);

1. Written accusation, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report (suspects' inquiry, etc.);

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. In light of the meaning and importance of performing the duty of military service in sentencing, the accused’s liability for the crime is somewhat minor;

shall not be required to do so.

In addition, the attitude of the defendant in the trial according to the crime of the defendant, such as the absence of a number of times on the sentencing date, is not good.

However, the defendant, due to the difficulties of group life due to editortric division and fear of military service, has been avoided for up to 10 months, the defendant still bears the duty of military service, and the defendant is not exempted from the duty of military service due to the crime in this case, all crimes in this court are recognized, and all favorable circumstances such as the first offender who has no criminal history, shall be considered, and the punishment shall be determined as ordered by taking into account the conditions of sentencing as shown in the trial process in this case, such as the defendant's age, sex behavior, and circumstances before and after the crime.