A defendant shall be punished by imprisonment for not less than eight months.

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

When a person in the military intends to make an overseas trip, he/she shall obtain permission from the head of the Military Manpower Administration, and where a person who has obtained permission for an overseas trip fails to return to the Republic of Korea, he/she shall obtain permission for the extension of the period by

The Defendant, as a person of military service, went into the United States for study on August 8, 199, and was permitted to travel abroad from January 1, 2012 to December 31, 2012 by the head of the Military Affairs Administration.

On December 26, 2012, the Defendant applied for the extension of the period of overseas travel to the U.S. military through a Korean consul in the Republic of Korea’s Republic of Korea, which was located in the Luxembourg Angegeles, but rejected on January 1, 2013, and was notified by the Director of the Military Affairs Administration of Gangwon-gu of the refusal of the extension of overseas travel from the Director of the Military Affairs Administration of Gangwon-gu and notification that he will return to the U.S. on January 31, 2013, but did not obtain the permission of overseas travel for the purpose of evading the military service

Summary of Evidence

1. A written accusation by the defendant;

1. B’s written statements, guidance on the expiration of the period of overseas travel, notification of rejection of the extension of the period of overseas travel (the suspect’s subsidiary currency), details of application for permission for overseas travel, application for permission for extension of overseas travel, application of statutes and reasons therefor

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. It is so decided as per Disposition in consideration of all the sentencing conditions, including the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act does not return to Korea for a long time after the extension of the period of overseas travel, but fails to fulfill the duty of military service; however, he voluntarily returned to Korea and proceeds in the alternative procedure; and