A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On February 23, 2004, the defendant is a person liable for active duty service who was judged as Grade II in Seoul regional military manpower office.

No person shall flee, conceal his/her whereabouts, injure his/her body, or use a deceitful act, with the intention of evading military service or having military service reduced or exempted.

Nevertheless, around July 2008, the Defendant came to know that “BMF index” can be judged as a physical grade 4 social work personnel when reducing the weight through the Internet, newspaper articles, etc., and received a judgment of physical grade 4 social work personnel from around July 2004 to around July 2008, for the purpose of being judged as a physical grade 4 social work personnel; the body of about 169cm from around July 2004 to around 53km from around July 2008; and the body of about 54cm from around July 2008 to around the Defendant’s house, etc. located in Seongbuk-gu Seoul by artificially reducing the weight of body; and around October 9, 2008, the Defendant applied for a change of military service disposition on around October 5, 2008, and received a judgment of physical grade 171cm from among the above Seoul regional military manpower office’s physical examination results;

Accordingly, the defendant has damaged his body and committed a fraudulent act with the intention of having military service reduced or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (organization of military service records, etc.), military register inquiry reports, Facebook dialogue, and e-mail outputs;

1. Article 86 of the Military Service Act concerning criminal facts;

1. The sentence shall be determined as ordered in view of the fact that there is no previous conviction for sentencing under Article 62(1) of the Criminal Act, and the fact that the confession of the instant crime and its depth are reflected, etc.