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.

Criminal facts

The defendant left the Republic of Korea on March 2, 1998 and acquired the U.S. nationality as of September 23, 201.

A person who departs from Korea before being transferred to the station of the first citizen shall obtain permission for overseas travel by January 15 of the year in which he becomes 18 years of age.

Nevertheless, the defendant did not obtain permission for overseas travel from the head of the Military Affairs Administration until January 15, 2002, which became 18 years old.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Articles 94 and 70(3) of the former Military Service Act (wholly amended by Act No. 7977 of September 22, 2006), Articles 94 and 70(3) of the same Act concerning criminal facts, selection of a sentence of imprisonment

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., the confession and reflect of the defendant, the defendant is the first offender, and the defendant has no obligation to perform the duty of military service as a national of the Republic of Korea since he has renounced the nationality of the Republic of Korea and has attained the U.S. nationality and has been living there any longer).