A defendant shall be punished by imprisonment for not less than three 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

No person shall undergo a draft physical examination, follow-up draft physical examination, physical examination, etc. on the date of performance of the duty without any justifiable reason after having received the notice of draft physical examination, follow-up draft physical examination, physical examination, etc.

Nevertheless, the defendant, on June 14, 2019, received a physical examination from the Busan regional military manpower office's military service examination center located in 301, the Busan regional military manpower office's training, and was assigned to military service as a person subject to Grade 7 reexamination, and was ordered to undergo a physical examination by February 14, 2020, but did not undergo a physical examination by the above date without good cause, although he directly received a notice of a physical examination by February 14, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing receipt of notices for reexamination of the written accusation and B’s written statements;

1. Article 87 (3) of the Criminal Act applicable to the crime;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, including the fact that a person has fulfilled his/her obligation to undergo a follow-up physical examination after the completion of the instant case.