A defendant shall be punished by imprisonment for not less than two 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.

On March 7, 2011, the Defendant received a notice to the effect that he would undergo a physical examination at the Gyeonggi Northern District Military Affairs Administration’s draft physical examination site on July 8, 2011, which was 76 in the front line of the Government-si, Gyeonggi-do on March 7, 2011, but did not undergo a physical examination on the date without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement which is the accuser B;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt for follow-up physical examinations;

1. Article 87(3) of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) regarding criminal facts

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is the defendant committed the instant crime; there is no record of criminal punishment against the defendant; the statutory penalty for the violation of the Military Service Act by the instant crime is not more than imprisonment, but not less than imprisonment; the defendant’s age, character and conduct, environment, motive, means, method and consequence leading to the instant crime; and all the sentencing conditions indicated in the records and arguments, including the circumstances before and after the instant crime, shall be determined as ordered by taking into account the following factors.