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

1. On July 6, 2010, the Defendant was issued with a disability diagnosis report stating disability grade 4 subparag. 1 with respect to Egyptive disability to Egyptive Party F in Gangnam-gu, Seoul, through D, known by Egyptive Party C, which was known to Egyptive Party C, even though the left-hand position is not a complete lecture position.

On July 6, 2010, the Defendant submitted a false disability diagnosis report to an employee in charge of social welfare division of the Bogdong Office in Yongsan-gu Seoul, Yongsan-gu and received a certificate of disability from the employee in charge of social welfare division.

Accordingly, the defendant interfered with the registration of disabled persons by fraudulent means.

2. On October 30, 2007, the Defendant violated the Military Service Act was judged to be in active service at the first draft physical.

On July 8, 2010, the Defendant was exempted from military service by issuing a disability diagnosis certificate, and submitted a false disability diagnosis certificate issued to a public official in charge of the Military Manpower Administration as referred to in paragraph (1) and an application for exemption from military service. On August 6, 2010, the Defendant was exempted from military service by the Military Manpower Administration.

Accordingly, the defendant used the fraudulent act for the purpose of evading military service.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning the examination of suspect C by the prosecution;

1. A copy of each protocol concerning the examination of suspect of the police against D or F;

1. Each police statement related to G and H;

1. The application of welfare cards, medical fees, certificate of disability diagnosis, receipt books, appraisal letters, replys to requests for judgment on disability, and replys based on requests for judgment on disability;

1. Article 137 of the Criminal Act, and Article 86 of the Military Service Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant tried to evade the duty of military service with false disability diagnosis by deception.