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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.
Reasons
Punishment of the crime
On October 24, 2014, the Defendant was admitted to the Army Training Center and was judged to be subject to Grade 7 re-examination due to the injury to the right edge during the training course.
No person who has received a physical examination notice shall undergo a physical examination on the relevant date without justifiable grounds.
Nevertheless, the Defendant, on November 17, 2014, received a decision from the chief prosecutor of the disciplinary branch office of the Gyeonggi-do military affairs branch, which was 76, before the Gyeonggi-do Government, to undergo a physical examination on the designated date without justifiable grounds, on May 18, 2015, which was six months after the recovery period, and was directly received by the chief prosecutor of the military affairs branch office of the North Korean military affairs branch office, a notice that he/she would undergo a physical examination again on May 18, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of relevant Acts and subordinate statutes stated in the official notice, written accusation, written accusation and receipt of the notice for a reexamination of the draft physical;
1. Article 87 (3) of the relevant Act on criminal facts;
1. Article 62 (1) of the Criminal Act suspended execution (including the confession of a criminal defendant, and the absence of the same criminal record or suspended execution or any other criminal record);