A defendant shall be punished by imprisonment with prison labor 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

On March 21, 2017, the Defendant was classified by the chief prosecutor of the Daejeon District Military Manpower Administration judgment No. 16 ad. 5, Jung-gu, Daejeon, Daejeon on March 21, 2017, as a person subject to a follow-up reexamination, and received a letter from the chief prosecutor of the Military Manpower Administration of Daejeon on September 25, 2017 that he would undergo a follow-up reexamination on September 25, 2017, and did not undergo the follow-up reexamination on the date on which he performed the above obligation without justifiable grounds.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt of a notification of physical reexamination;

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

1. As to the assertion of the Defendant and his/her defense counsel under Article 62(1) of the Criminal Act, the Defendant and his/her defense counsel asserted that the Defendant was unable to prepare documents necessary for the reexamination for economic reasons, which led to the Defendant’s failure to undergo the reexamination, and that date was distorted, and thus, did not constitute “where he/she was unable to undergo the physical examination on the date

According to each of the above evidence, the defendant received a new physical examination notice on March 21, 2017 and signed the receipt, the defendant was not subject to hospital treatment or medical treatment for six months until the date of the reexamination, and the defendant was not present at the chief prosecutor of the Daejeon District Military Manpower Administration on September 25, 2017, which was the date of the reexamination.

Defendant shall well memory a schedule and observe the date of the reexamination for conscription, and, even if it is not equipped with necessary documents, attend the chief prosecutor of the military service judgment and undergo the examination for military service accordingly.

Although the defendant and his defense counsel did not appear on the date of physical examination without asking the Military Manpower Administration for certain or related documents defects, etc., the above circumstances asserted by the defendant and his defense counsel cannot be viewed as justifiable reasons that did not undergo physical examination on the date of performing their duties.

Therefore, the defendant and the defense counsel are accepted.