The punishment of the accused shall be determined by ten months of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Punishment of the crime

On April 6, 2017, the Defendant knew that the physical quantity index (BMI) is at least 33,00 won in the draft physical examination through TV on April 6, 2017, the Defendant was able to obtain a judgment of physical grade IV with excessive weight. At night, the Defendant was able to receive a judgment of Grade IV by artificially increasing the weight of food with heavy alcohol and high-speed food at night.

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

Nevertheless, the Defendant, at the time of blood donation around February 1, 2015, submitted a revised disposition of military service on January 22, 2018, 78km (Physical mass index 26.9), and around October 21, 2016, 170cm and weight 65.6km (Physical mass index 22.6) at the time of the initial examination on October 21, 2016, was all physical Grade 1 through 2, and was enlisted in active duty service. However, even though the Defendant was artificially subject to enlistment in active duty service by drinking alcohol and high-speed food at night from April 2, 2017, and received a revised disposition of military service from Grade 32 km to Grade 32 km in the method of drinking alcohol and high-speed food at night. From May 17, 2018, the Defendant was determined from Grade 1, 3, 3, 4, 17, 3, 4, 7, 7, g.

Accordingly, the defendant injured his body 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 a report on the results of fact-finding on persons who have changed their military service disposition during the extension, military register inquiries, results of physical examinations, details of each medical care benefit, student health records, records of medical treatment, results of physical examination, basic information inside a suspect job application form, on-line application form for change of military service disposition, records on blood donation, data for measurement of body weight, confirmation of re-measurement of body body

1. Article 86 of the relevant Act concerning facts constituting an offense and Article 86 of the Military Service Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62(1) of the Criminal Act