A defendant shall be punished by imprisonment with prison labor 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 person who has obtained permission to travel abroad as a person without military service is unable to return to the Republic of Korea, he/she shall obtain permission to extend the period from the head of the Military Manpower Administration 15 days

Although the period of permission for overseas travel expires on December 10, 2016, the Defendant, as a person without military service, failed to return to the Republic of Korea within the permitted period without justifiable grounds until September 15, 2017.

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. Article 94 (2) and Article 70 (3) of the relevant Act on criminal facts;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Do1448, Apr. 1, 201)