A defendant shall be punished by imprisonment for one year.

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

Defendant is liable for military service in the Republic of Korea.

Persons liable for military service who have obtained permission for overseas travel shall not return to Korea within the permitted period without justifiable grounds, and where they cannot return to Korea within the permitted period, they shall obtain permission for extension of their period or permission for overseas travel 15 days before the expiration of the period

Since the Defendant obtained permission from the Commissioner of the Military Manpower Administration to extend the period of overseas travel from December 26, 201 to December 31, 2012 while staying in the United States from January 11, 2010, the Defendant is required to obtain permission for extension of the period of overseas travel from December 26, 2011 to December 31, 201, if it is difficult to return home or to return home before December 31, 2012, the Defendant is required to obtain

Nevertheless, the Defendant did not return to Korea without justifiable grounds until December 31, 2012, the period of permission expires, and did not obtain permission to extend the period from the Commissioner of the Military Manpower Administration 15 days before the expiration of the period of permission.

Summary of Evidence

1. Defendant's legal statement;

1. The written accusation, written statement of accusers, and military register inquiry;

1. The provisions of Acts and subordinate statutes governing the entry into and departure from Korea, the guidance for the expiration of the period of overseas travel, and the certificate of permission

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. The responsibility of evading the reason for sentencing under Article 62(1) of the Criminal Act is not weak.

However, the defendant does not seem to have depart from the Republic of Korea for the purpose of evading military service from the beginning, and the defendant would no longer bear the duty of military service as he loses his citizenship in the United States, and considering the fact that the defendant has no previous convictions, the defendant's age, character and character, environment, circumstances and results of the crime in this case, and all of the sentencing conditions specified in the records and arguments, including circumstances after the crime, shall be determined as ordered by the order.