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.

[Attachment to the enlistment of Defendant 2] The Defendant is a person with no military service who was determined by physical grade 2 as a person subject to enlistment in active duty service in the military examination on March 19, 2012.

On September 3, 2012, the Defendant was judged to be subject to Grade IV social service personnel of Grade IV on the ground that he/she was unable to live in the military on October 3, 2014. On July 4, 2016, the Defendant was determined to have returned to the Army Training Center on August 16, 2016. On September 4, 2017, the Military Service Prosecutor determined to be subject to Grade IV social service personnel of Grade IV on the ground that he/she was “major depression and other frisome disorders” in the Military Service Prosecutor’s determination on November 8, 2017.

[Criminal facts] No person shall injure his body or use a fraudulent act for the purpose of evading military service or having military service reduced or exempted.

On July 4, 2016, after having been admitted to the Army Training Center, the Defendant returned to the Army, under the presumption that he was suffering from mental illness, with a clear and active nature without suffering from or being treated, and had maintained a normal life, and even after having maintained a normal life, the Defendant returned to the Republic of Korea under the presumption that he was suffering from mental illness.

After returning to home, the defendant, who had been transferred to supplemental service (such as social service personnel) in accordance with Article 65(9) of the Military Service Act, Article 135(8) of the Enforcement Decree of the same Act, and Article 49 of the Regulations on the Convocation of Social Service Personnel, had been tried to evade military service or receive reduction of or exemption from military service by pretending that a person suffers from mental illness continuously by considering the fact that the order of priority in the call-up order of social service personnel is long-term waiting and there is a high possibility that he will be transferred to wartime labor with a long-term waiting period.