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

A person who has received a notice of a military service determination, a notice of a re-examination for determination of military service, a notice of physical examination, or a notice of physical examination for confirmation shall not undergo a military service determination, a re-examination for determination of military service, a physical examination, or a physical examination

Nevertheless, on June 24, 2016, the Defendant received a notice of re-examination from the chief prosecutor of the Nam-gu Incheon National Military Prosecutors' Office around 08:00, the Defendant did not undergo a physical examination on the day on which he/she performed the above duty, without justifiable grounds, even though he/she received the notice of re-examination from the chief prosecutor of the Incheon National Military Prosecutors' Office around 10:00 on February 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A copy of the receipt for re-physical examination;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (a reflectivity, beginning crime, motive and circumstances for crime);