The summary of the judgment of innocence against the defendant shall be published.

No person shall commit a deceitful act with the intention of having military service reduced or exempted.

Nevertheless, the Defendant, from the time of high school students, was at least 73 km and before and after the average body was at 73 km, was admitted to the university with the first class of 70 km for the student department, and entered the university with the special skills. However, on March 6, 2015, the body was increased to 109 km for the purpose of having military service reduced and exempted, and the physical grade Grade 4 was determined through the physical examination conducted by the second draft physical conducted by the head of the Seoul Regional Military Manpower Office in Chapter 2 of the Seoul District Military Manpower Office.

2. Determination

According to the evidence duly adopted and examined in this case, the following facts were revealed: (a) the physical part measured at the time of high school students was 1 to 65 gg, 2 to 75 g, 3 to 80 g, 20 g, and 20 *. *. ○○○○ Mar’s student portion - 70 km and first prize; (b) the Defendant applied for the date of the draft physical on March 23, 2015 on three occasions after filing an application for the date of the draft physical on March 6, 2015; (c) the Defendant’s body was measured at 109 g, but the physical grade 4 to be measured at the time of the above draft physical was determined at 109 g, but the Defendant was issued a diagnosis certificate to be submitted to the Military Manpower Administration after the completion of the draft physical at the time of the draft physical; and (d) the Defendant was issued a diagnosis certificate to be submitted to the Seoul Military Manpower Administration.

5. On June 8, 2015, the date of the follow-up physical examination, the Defendant may recognize the fact that the body was 89.0km, and that the Defendant received the Grade 4 without a separate measurement.

In order to recognize the facts charged in the instant case, it shall be proved that the Defendant’s physical increase was aimed at having the military service reduced or exempted. The fact that the Defendant, who was recognized earlier, had considerably increased the weight of the body until the first draft physical examination, and then rapidly reduced the weight of the body, may be deemed to have had the purpose of having been reduced or exempted from the military service. However, according to Article 10(2) of the Inspection Rules (Ministry of National Defense) or Article 28 of the Draft Physical Examination Regulation (Direction of Military Manpower Administration), when physical grade 4 under the body, the physical increase on the date of the reexamination can be measured, and even if the Defendant reduced 20 km prior to the date of the reexamination, it is insufficient to view that the above facts alone are sufficient to deem that the Defendant’s physical increase was aimed at having the military service reduced or exempted.

Therefore, since the facts charged in this case, which is premised on the fact that the defendant had the purpose of having been exempted from military service, constitutes a case where there is no proof of crime, the defendant should be sentenced to innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence