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.

Punishment of the crime

Where a person without military service who has obtained permission to travel abroad cannot return to the Republic of Korea, the defendant shall obtain permission for extension of the period or overseas travel from the head of the Military Manpower Administration 15 days before the expiration of the period

Nevertheless, the Defendant did not return to the Republic of Korea within the above period without any justifiable reason after obtaining permission to travel for short-term travel from December 23, 2012 to December 22, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement by which C is accused;

1. Application of Acts and subordinate statutes regarding military register;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Military Service is that the Defendant, as a person without military service, failed to return to Korea without any justifiable reason despite the expiration of the overseas travel period as a person without military service, and thereby failed to perform his duty of military service. The purport of the aforementioned act is to ensure faithful performance of the duty of military service and prevent the evasion of the duty of military service as a means of staying abroad. In addition to the case of evading other military service, even if the instant crime is compared to the case of evading the duty of military service

However, it appears that the defendant did not depart from the Republic of Korea for the purpose of evading military service from the beginning; the defendant acquired the Australia citizen's citizenship in 2014 in 2014 and lost the citizenship of the Republic of Korea so that he has no obligation to serve in the military as a national of the Republic of Korea; the defendant is against his mistake; the defendant has no previous conviction against him; the defendant has no previous conviction; the defendant's age, sex, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. and the sentencing conditions specified in the argument of this case are attached.