A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

A person without military service shall not undergo a draft physical, a follow-up draft physical, a physical examination or a confirmation physical examination on the date of receiving the notice of a draft physical, a follow-up draft physical, a physical examination or a confirmation physical examination without any justifiable reason.

Nevertheless, on December 22, 2014, the Defendant was determined as Grade 7 above, such as body, etc. by the chief prosecutor of the First Military Manpower Administration No. 1 of the Seoul Military Manpower Administration, which is located on the 43-lane 13-gil of Yeongdeungpo-gu Seoul Military Manpower Administration on December 22, 2014, and “the Defendant caused a follow-up physical examination by the first chief prosecutor of the Seoul Military Manpower Administration No. 13:30 on December 13, 2015” did not undergo a follow-up physical examination on the date

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written accusation;

1. Application of statutes to a copy of a certificate of re-physical examination;

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

1. Article 62 (1) of the Criminal Act (which acknowledges and reflects errors and shall be subject to a follow-up physical examination;

It is so decided as per Disposition for the reason that the defendant's age, sex, circumstances after the crime, etc. is higher than that of the defendant.