No person shall injure his body or use a fraudulent act with the intention of evading military service or having military service reduced or exempted.

Around October 23, 2017, the Defendant intentionally increased weight to be subject to a disposition to call-up to a class 4 social work personnel service, knife food, etc., and submitted a changed military service disposition to the Military Manpower Administration on or around October 23, 2017, with the aim of reducing military service on or around July 8, 2017, by intentionally increasing the weight to undergo a disposition to call-up to a class 4 social work personnel service, and by using knife food, etc., and without conducting an election campaign, submitted a changed military service disposition to the Military Manpower Administration. On October 31, 2017, the Defendant was called up as a social work personnel service personnel service provider at the Busan Regional Military Manpower Administration’s military service examination site for extension 176.6 cm, 105.2 km, 2.7. On November 29, 2017, the Defendant was subject to a measure of a kidney kidy.

Accordingly, the defendant has damaged his body with the intention of evading or being exempted from military service.

2. Determination

In order to recognize facts charged as it is, it is necessary to prove that the defendant increased the weight for the purpose of having military service reduced or exempted.

According to evidence, on November 27, 2012, the Defendant was determined to be subject to enlistment in active service after being measured by the body of 76 km at the time of the first physical examination in the military on November 27, 2012, but was determined to be subject to enlistment in active service on several occasions thereafter, after submitting a revised military service disposition on October 2017 and undergoing re-examination on 29 km, the Defendant was judged to be Grade 4 at 105.2 km, and on September 6, 2017, 2017, after dialogue with viewers during the Internet broadcast, the Defendant called “ how to calculate BMI necessary for the reduction of military service and deduct 6 km” means that he does not want to go to the military among the broadcasts, such as “ how to reduce the amount of military service.” From the perspective of these circumstances, it is doubtful that the Defendant had to reduce the amount of military service by 93 km immediately after the non-examination of Grade 4 as a result of the examination.

However, according to the following circumstances acknowledged by the record, it is difficult to exclude reasonable doubt as to whether the defendant rapidly increased the weight for the purpose of evading, evading, or exempting military service as stated in the facts charged, and there is no other evidence to acknowledge the facts charged.

A. There is no evidence of the Defendant’s speech or behavior to the effect that he will increase the weight of the Defendant for a direct reduction of or exemption from the duty of military service through the Internet broadcasting or any other channel. B, C, an Internet broadcasting viewer who filed a petition or information on the charge of evading military service, stated that the Defendant had made a statement that he had the intention of evading military service by reporting a large number of drinking materials, etc. from the Internet broadcast in the investigation agency or court around June through July 2017. In particular, B, who had filed a complaint against the Defendant as an insult at the end of the dispute over the content of the Internet broadcast, etc., asked the Defendant on April 19, 2018, to the effect that there was no other way to get the Defendant exempted from or exempted from the duty of military service, thereby inducing the Defendant to respond to the purpose of evading military service (B) while having been aware of the recording of the Defendant, which was not absolute, and led the Defendant to the maximum extent possible at the time of the dispute with the Military Manpower Administration.

In light of the circumstances, it appears that the defendant was punished for a direct evidence to collect the evidence, and it appears that the defendant had never shown a speech or behavior that directly revealed the purpose of evading military service in the Internet broadcast). The defendant responded to the purport that he was judged at Grade 4 by using an opportunity to increase the weight of body and did not increase the weight for the purpose of evading military service.

B. On September 6, 2017, the Defendant made a statement to the effect that “6 kmg is deducted when calculating the BMF necessary for receiving the 4th degree judgment in the Internet broadcast.” The Nonindicted viewers first proposed that the Defendant would have come to know about the 33th degree of BMF and that the Defendant would have come to know about the 33th level of public interest. In other words, it is difficult to view that the Defendant expressed the genuine intent to reduce military service by any contingent speech or behavior by reducing the weight of the body.

C. After the Defendant’s majority majority, the body of the Defendant was changed from 76km as of November 27, 2012; 98km as of September 6, 2017; and 31, October 31, 2017 as of October 31, 2017; 105.2km as at the time of the second examination; 106.5km as of November 29, 2017; 93.5km as at the time of the police investigation on May 11, 2018; 101km as of March 21, 2019 at the time of the measurement in this court. Considering that the increase in the weight of the body of the Defendant from 20 to 25 years of age, the change in the age of the body of the Defendant may be considered to have increased from 25 years of age to 25 years after the date of the first examination in this court.

D. While the physical change from September 6, 2017 to October 31, 2017, from the time of re-verification, it appears to have increased the volume of 7 km in 2 months, it appears to have increased somewhat rapidly. However, considering the fact that, at the time, the Defendant stated that he had taken a large quantity of food and drink sent by viewers while emphasizing the Internet broadcast without movement at the time, the content of the broadcast also conforms to the Defendant’s statement, and that it is difficult to view that the Defendant has a duty to make efforts to maintain the existing standards for active duty service exemption due to active physical control, as long as it is difficult to meet the standards for exemption from military service due to an increase in weight, it is difficult to conclude that the Defendant has increased the weight for the purpose of exemption from military service.

E. Recognizing the fact that the Defendant, as consistent from the investigative agency to the court, did not want to enlist in active duty service and submitted a disposition of military service change to the body increase, and received a judgment of Grade IV by submitting the disposition of military service change to the body. When comparing the Defendant’s attitude, content, etc. with the record, special case

It is difficult to find out any contradictory or inconsistent part.

3. Conclusion

Thus, the facts charged in the instant case are not proven, and thus, they are acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced pursuant to Article 58(2)