A defendant shall be punished by imprisonment for four 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 defendant is a person subject to military service, and a person without military service is engaged in overseas travel with permission from the head of the Military Manpower Administration, he shall not return to Korea without justifiable grounds.

Nevertheless, on March 20, 200, the Defendant did not return to the Republic of Korea without justifiable grounds until April 19, 200, for the short-term travel of the United States, after obtaining permission from the head of the Military Manpower Administration for the short-term travel of the United States.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation (including data, such as attached documents on permission for overseas travel);

1. Each investigation report (including each accompanying material);

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

1. Articles 94 and 70(3) of the former Military Service Act (amended by Act No. 6749 of Dec. 5, 2002) concerning criminal facts

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the defendant among the reasons for sentencing) is that the defendant, as a person with no military service, has stayed in the U.S. without any justifiable reason even though the period of permission for overseas travel expired. In light of the purport of the penal provision of the Military Service Act to prevent the evasion of military service as a means of overseas stay, the criminal liability is heavy.

However, considering such circumstances as the defendant's recognition of crime and reflects, when the defendant is a high school student, the defendant's family as well as his family in the United States and lost Korean nationality on August 12, 201 by acquiring U.S. nationality, the defendant continues living in the United States and forms a family by marriage, and has no record of punishment so far, it is harsh to punish the defendant for the punishment of imprisonment with prison labor for the non-performance of duty of military service.