A defendant shall be punished by imprisonment 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

A person who has received a notice of a draft physical examination, a notice of a draft physical examination, a notice of physical examination, or a notice of physical examination for confirmation shall not undergo an examination on the date of performance of duties without justifiable grounds

Nevertheless, the Defendant received a notice of a follow-up physical examination from the Superintendent of the Daegu Gyeong-gu Military Manpower Administration Judgment of the High Military Manpower Administration located within the Dong-gu, Daegu District Military Manpower Administration on February 7, 2019 that “I will attend the follow-up physical examination conducted by the Chief Prosecutor of the Military Manpower Administration rendered on September 9, 2019,” but did not undergo the follow-up physical examination on September 9, 2019 without justifiable grounds.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, accusation, written accusation and receipt of notice for follow-up physical examination;

1. Article 87 (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)