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

On November 12, 2014, the defendant was in physical examination conducted by the chief prosecutor of the Gyeonggi Military Manpower Administration in the Gyeonggi Military Manpower Administration, the Gyeonggi Military Manpower Administration, which was located in 120 on July 12, 2014, but he was deemed to require a recovery period for five months, and thus he was judged in Grade VII, such person shall undergo a follow-up physical examination and undergo military service disposition according to the result of the follow-up physical examination without delay after the recovery period expires.

Nevertheless, on November 12, 2014, the Defendant did not appear on the designated date, even though the chief prosecutor of the Military Manpower Administration of the Incheon Military Manpower Administration, directly received a notice of a reexamination of the contents that “A request the chief prosecutor of the Military Manpower Administration of the Incheon Military Manpower Administration to attend on April 22, 2015 and undergo a reexamination.”

Accordingly, the defendant did not undergo a follow-up physical examination on the designated physical examination date without justifiable grounds even after receiving a follow-up physical examination notice

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt of notice;

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

1. Determination on the application of sentencing criteria under Article 62 (1) of the Criminal Act: It shall not be applicable;