However, the act of submitting a fact-finding certificate on overseas academic attainments by omitting such fact-finding may be deemed to have been performed for the purpose of having military service reduced or exempted.

However, the court below acquitted the charged facts of this case.

2. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the lower court, the lower court’s judgment that acquitted the charged facts of this case is justifiable.

(1) The Defendant entered B universities by falsely filing a false sexual certificate, etc., even though she was not a D/L high school.

The argument is asserted.

D High School sexual certificates provide that the Defendant was enrolled in the University from 1999 to 2003 (the 67-68 pages of investigation records). The Defendant was enrolled in the University E from 2001 to 2002 (the 39th page, 79-81 page of trial records). In light of these circumstances, the Defendant’s statement that he falsely issued high school sexual certificates to enter the University is reliable, and there is sufficient room to view that the Defendant was enrolled in the University B by unlawful means.

(2) Article 86 of the Military Service Act shall be punished by punishment for fraudulent acts with the intention of evading military service or having military service reduced or exempted.

As seen earlier, it is difficult to view that the Defendant’s failure to disclose the fact of entering the Military Manpower Administration by unlawful means to the lower Military Manpower Administration constitutes a fraudulent act.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.