The sentence of sentence against the defendant shall be suspended.

Criminal facts

A person who has received a notice of a draft physical examination, follow-up draft physical examination, physical examination, or physical examination for confirmation shall not undergo the 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.

On November 10, 2017, the Defendant was determined as a person subject to a draft physical examination (physical examination) at the Seoul Regional Military Manpower Office in Yeongdeungpo-gu Seoul, Yeongdeungpo-ro 43-ro 13, and was notified on July 10, 2018 that he would undergo a follow-up physical examination, but did not undergo a follow-up draft physical examination without justifiable grounds.

Summary of Evidence

1. A written accusation and a written accusation;

1. Notice and receipt for a follow-up physical examination;

1. A notice of the result of a physical examination for conscription [the defendant's defense counsel asserts that there exists a "justifiable cause" under Article 87 (3) of the Military Service Act, but it seems that the defendant's situation verified as a result of the examination of evidence shows to the degree that the defendant's situation can be solved by using the procedure within the system, and it cannot be deemed that the defendant's act of not undergoing the physical examination for conscription

1. Article 87 (3) applicable to criminal facts: Article 87 (3) of the Military Service Act;

1. The punishment to be suspended: Imprisonment for four months;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Criminal Act (see, e., Supreme Court Decision 2007Da11448, Apr. 1, 2007); Article 59 (1) of the same Act (see, e.g., Supreme Court Decision 2007Da11448, Apr.