A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No person who has received a notice of a draft physical examination, follow-up draft physical examination, physical examination or physical examination for confirmation shall undergo a draft physical examination, follow-up draft physical examination, physical examination or physical examination for confirmation on the date of performance of duties without justifiable grounds.

Nevertheless, on October 16, 2018, the Defendant received a notice that he/she would undergo a physical examination on the designated date without justifiable grounds, even though he/she received the notice that he/she would undergo a physical examination as of June 17, 2019 from the first examination place of the Seoul Regional Military Manpower Office located in Yeongdeungpo-gu, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing receipt of written accusation and notice for reexamination;

1. Article 87 (3) of the Military Service Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is against the defendant's recognition of the crime of this case, the defendant has no record of criminal punishment, and the defendant's age, character and conduct, environment and motive, means and result resulting in the crime of this case, and all other circumstances, which are conditions for sentencing as shown in the records and arguments of this case, shall be determined as ordered.