A person who has received a notice of examination for conscription, a notice of examination for conscription determination, a notice of physical examination, or a notice of physical examination for confirmation shall undergo physical examination or physical examination on the date of performance of duties.

Nevertheless, on January 10, 2018, the defendant, at the residence of the defendant of the defendant of the defendant of the Dong-ho-si Party B, undergo a follow-up physical examination by the chief prosecutor of the judgment of military service in the Daejeon Military Manpower Administration on February 2, 2018.

“A” did not undergo a physical examination without justifiable grounds despite the receipt of a physical examination notice under the name of the head of the regional military affairs administration.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation issued by the Administrator of the Military Affairs Administration of the Senior Regional Police Agency;

1. Application of Acts and subordinate statutes concerning list of persons who have returned home, physical examination, follow-up physical examination, and registration and delivery information;

1. Article 87(3) and Article 17(2) and the main sentence of Article 17(3) of the pertinent Act concerning criminal facts, Article 26 and Article 9(1) of the Enforcement Decree of the Military Service Act (amended by Presidential Decree No. 28905, May 28, 2018), and Article 41 of the Regulations on the Enlistment in Active Service provide that the defendant, on the grounds of sentencing of Article 41 of the said Regulations, will respond to a case where he is notified of a reexamination again.

However, on January 11, 2017, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution on January 19, 2017 by the Seoul Southern District Court, which became final and conclusive on January 19, 2017, and the suspended execution period was under the suspension period, and even after receiving a notice to undergo the reexamination, it seems that the Defendant was forced to contact for a considerable period without responding to the reexamination for a new period without responding to the reexamination.

The refusal of physical examination may lead to the challenge of military service.

In addition to the above suspended sentence, the Defendant again committed the instant crime even though he was sentenced to a fine or more than one hundred times with regard to violence, theft, fraud, gambling, etc. prior to the instant case. In addition, the Defendant’s age, sex, motive, circumstances, means and consequence of the instant crime, circumstances after the crime, and records, such as the record of the instant crime.