A defendant shall be punished by imprisonment with prison labor 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

The Defendant is liable for military service.

Any 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 the draft physical examination, follow-up draft physical examination, physical examination or physical examination for confirmation on the date of performance of duties unless there exists any justifiable reason.

Nevertheless, the Defendant, at the center of the window of Changwon-si on November 13, 2019, was classified as physical grade 7 at 13, 250, and was subject to military service disposition, and received a notice of physical examination to undergo a follow-up physical examination from July 15, 2020 to July 13, 2020, but did not undergo the follow-up physical examination from the Military Manpower Administration around July 15, 2020, which was the date on which the above obligation was fulfilled, without justifiable grounds.

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. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are recognized as all the facts of the crime, and the sentencing conditions, such as the defendant’s age, character and conduct, environment, circumstances, and circumstances after the crime, shall be determined as set forth in the text.