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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.
Reasons
Punishment of the crime
No person shall undergo a draft physical examination, follow-up draft physical examination, physical examination or confirmation physical examination on the date of receipt of the notice of a draft physical examination, follow-up physical examination, or physical examination without any justifiable grounds.
On May 1, 2015, the Defendant received a physical examination on May 26, 2015 by the chief prosecutor of the Military Manpower Administration of Gwangju on May 26, 2015 at the Defendant’s residence located in Seocheon-si B, 204 Dong 205, the Defendant did not undergo a physical examination on May 26, 2015 without justifiable grounds, even though he directly received a physical examination notice under the name of the chief of the Military Manpower Administration of Gwangju Southern-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation and a written accusation;
1. Application of statutes governing an abstract of the results of inquiry into military service, inquiry into military register, receipt of a notice for a follow-up physical examination and notification;
1. Article 87 (3) of the Criminal Act applicable to the facts constituting the crime;
1. Consideration of sentencing under Article 62 (1) of the Criminal Act, including the fact that the accused is led to confession and reflect, the fact that there is no record of punishment for being suspended from office or heavier, and the fact that he/she is going to undergo a follow-up physical examination;