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A defendant shall be punished by imprisonment with prison labor for up to 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.
Reasons
Punishment of the crime
When a person in the military service intends to make an overseas trip, he/she shall obtain permission from the head of the Military Manpower Administration, and when a person who has obtained permission for an overseas trip fails to return to Korea within the permitted period, he/she shall obtain permission for the overseas trip or the extension of the period from the head of the Military Manpower Administration by no later than 15 days before the expiration of the period, and by no later than January 15 of the
On August 9, 2001, before being transferred to the first national service as a member of the military interest service of the Republic of Korea, the Defendant stayed in the Republic of Korea on January 15, 2003, which was 18 years of age, without obtaining permission for overseas travel or extension of the period of time from the head of the Military Affairs Administration, until January 15, 2003 of the year when he turns 18 years of age.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation;
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. 9754 of Jun. 9, 2009) on criminal facts
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence led to the instant crime committed while the Defendant, who moved to the United States along with his parents, illegally staying there.
The defendant has married and returned to Korea with his children, and clearly expresses his intention to perform his duty of military service, and recognized the crime of this case, and is the first offender who has no record of crime.
Other conditions of sentencing, such as the defendant's age, sex, family relations, records of crimes, the circumstances of this case, and the future progress, shall be determined in the same manner as the order.