No person subject to a follow-up physical examination shall undergo a physical examination without justifiable grounds after receiving the physical examination notice.

Nevertheless, on February 19, 2016, the defendant was directly delivered to the head of the Busan Regional Military Manpower Administration's military service decision-making prosecutor on September 21, 201 and the head of the Busan Regional Military Manpower Administration's military service decision-making prosecutor on September 21, 201, stating that "I undergo a reexamination on September 21, 2016," but did not undergo a reexamination without justifiable grounds, even though he was directly delivered to the head of the Busan Regional Military Manpower Administration's military service decision-making prosecutor.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes governing a person who evades the re-physical examination, a written accusation, a written accusation, and a receipt of notice for reexamination;

1. The reason for sentencing under Article 87(3) of the Military Service Act on criminal facts is an offense for which the sentencing criteria is not set.

The favorable circumstances: The intention of evading military service has been clearly known that he/she is subject to punishment, such as failing to undergo a follow-up physical examination without any particular reason, and his/her whereabouts has been unknown.