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 May 22, 2015, the Defendant was determined to be subject to a draft physical examination after undergoing a draft physical examination by the chief prosecutor of the first prosecutor of the Seoul Military Manpower Administration, located 43-lane 13 at the bank of Yeongdeungpo-gu Seoul Military Manpower Administration around May 2, 2015, and on November 24, 2015, the Defendant received a notice from the chief prosecutor of the first prosecutor of the Seoul Military Manpower Administration that caused a draft physical examination, but did not undergo a draft physical

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written accusation;

1. Notice of physical reexamination and application of Acts and subordinate statutes governing receipt of the physical reexamination; and

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has a record of being punished twice by a fine due to a violation of the Military Service Act, and that he/she has not received a written notice that he/she would undergo a follow-up physical examination but did not comply with it.

However, the defendant was given a notice of the date for the follow-up physical examination set by the six months after the date, and the defendant was given a follow-up physical examination to discharge military service.

The punishment as ordered shall be determined by comprehensively taking into account the circumstances favorable to the defendant, such as the fact that the defendant is taking place, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sex, and environment of the defendant.