The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Punishment of the crime

No person who has received a notice of a military service determination, a notice of re-examination for determination of military service, a notice of physical examination, or a notice of physical examination for confirmation shall undergo a military service determination, a re-examination for determination of military service, a physical examination, or a physical examination for confirmation

However, the Defendant received a physical examination from the former North Regional Military Manpower Administration on February 26, 2013, which was located 14 3:5,00,000, and received a notice from the chief prosecutor of the former Military Manpower Administration located in the Gwangju Metropolitan City until May 3, 2013, the Defendant did not undergo a physical examination on the said date.

Accordingly, the Defendant did not undergo a physical examination on the day when he performed his duty without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and 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. Article 62 (1) of the Criminal Act on the suspended execution;