A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

When any person liable for military service who is 25 years old or older and has not been called as the preliminary military service or supplemental service intends to travel abroad, he shall obtain permission from the Commissioner of the Military Manpower Administration, and where any person permitted to travel abroad cannot return to the Republic of Korea within the permitted period, he shall obtain permission to extend the period of travel or obtain permission to travel abroad by no later than 15 days before the expiration of the permitted period, and where any person who left the Republic of Korea before

As the Defendant, as a person liable for military service, departs from the Republic of Korea with the permission to extend the overseas travel period from August 23, 201 to December 31, 201, the Defendant obtained the permission from the Commissioner of the Military Manpower Administration for the extension of the overseas travel period from August 23, 2011, and thus, if it is difficult to return to the Republic of Korea or to return to the Republic of Korea before December 31, 201, the Defendant obtained the permission to extend the period by 15 days before the expiration of the period without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Management of the permission for overseas travel, the sending of advance notice on the expiration of the period of the permission for overseas travel, and the sending of notice on the closing of the permission for overseas travel;

1. Application of Acts and subordinate statutes on the immigration status of individuals;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of this case in which the defendant did not return to the Republic of Korea for a long time without neglecting his duty of military service incidental to that of military service that must be performed as a male of the Republic of Korea, but the criminal defendant reflects his mistake as a primary offender and faithfully performs his duty of military service in the future. There are other circumstances to some extent considered in the circumstances leading up to the crime of this case as a multiple nationality born by the defendant in the United States.