A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No person who has received a notice of a military service determination, a notice of re-examination for determination of military service, a notice of physical examination, or a notice of physical examination for confirmation shall undergo a military service determination, a re-examination for determination of military service, a physical examination, or a physical examination for confirmation

Nevertheless, even though the defendant was notified by the chief prosecutor of the military service decision branch office of the Gyeonggi-do military service on June 28, 2018 through Gangnam-si B on August 6, 2018 that he/she should undergo a reexamination, the defendant did not undergo a reexamination on the date on which he/she performs the above duty without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written accusation;

1. Grounds for accusation;

1. A list of persons requesting a follow-up physical examination, 2018;

1. Application of statutes governing delivery certificate for notice;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the crime of this case on the grounds of suspended sentence shall be determined as ordered in full view of all the conditions of sentencing, including: (a) unfavorable circumstances, such as the fact that the crime of this case is not deemed to have been undergone a follow-up physical examination without justifiable grounds; (b) circumstances favorable to the defendant, such as the fact that there is no record of punishment for the same kind of crime; and (c) other favorable circumstances, such as character and conduct