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.

A person without military service shall not undergo a draft physical examination or physical examination on the date without any justifiable reason even after having received a notice of a draft physical examination or physical examination.

On November 24, 2015, the defendant was subject to a follow-up draft physical examination (six months from recovery period) as a result of undergoing a draft physical examination at the audit of the military service branch office in the Gyeonggi-do branch office.

On December 30, 2016, the Defendant received a written notice from the chief prosecutor of the Military Affairs Branch Office of the Gyeonggi-do branch office that caused a reexamination for the reexamination, but did not undergo a reexamination on January 24, 2017, which is the date on which he/she performed his/her duty without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 87 (3) of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;