A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

On August 6, 2014, the Defendant is a person subject to enlistment in active duty service who was judged to be Grade 2 at Grade 173 cm at the Daejeon Military Manpower Administration, Daejeon District Military Manpower Administration, 59 g, and BMI index 19.7, which was located in 16 od. 5, the center of Daejeon, Daejeon District Military Manpower Administration.

On January 2017, the Defendant came to know of the fact that he can serve as a social service personnel by receiving a physical grade 4 judgment in the case of less than 50.8 km through the Internet, and he thought that he was able to receive a physical grade 4 judgment by reducing body weight.

Accordingly, on October 13, 2017, the Defendant, at the residence of the Defendant in Sejong-si, from around that time to October 13, 2017, reduced the body weight to 49.3 km through a physical examination conducted by the Military Manpower Administration in Daejeon-nam District Military Manpower Administration on October 13, 2017, issued a judgment of physical grade 4 with the physical grade 172 km, body weight 49.3 km, and BMI index 16.6 km.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A summary of military service records, inquiry of military register, notification of the results of a draft physical examination and student records;

1. Application of Acts and subordinate statutes to each investigation and report (the details of hospital treatment, annual extension / physical changes, application for a change in assignment of military service, data posted through Internet dysanes);

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

1. Article 62 (1) of the Criminal Act (it is the first offender and the mistake that he will perform the duty of military service after undergoing a new physical examination;

favorable circumstances, such as the fact that such circumstances are different, shall be considered)