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 became final and conclusive.

Punishment of the crime

On June 15, 2005, the defendant is a person subject to enlistment in active duty service who was judged physical grade II by a draft physical examination conducted by Busan regional military manpower office.

On March 26, 2010, at the defendant's house located in Songpa-gu Seoul Metropolitan Government, the defendant laid down drugs included in the kiste, which are multi-preventive medicine, on the right eye, and temporarily increased the air space. On the same day, the defendant was provided medical treatment to E Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government, and the medical doctor F was provided with medical treatment by hiding the correct fact in the eye, driving the kiste, driving the bicycle, and driving the kis on the snow. From that time to July 16, 2010, the defendant temporarily increased the air space by the above method and received medical treatment six times in total at the above E Hospital, and around July 16, 2010, the defendant was issued a medical certificate for medical treatment from the above F under the name of D's "Dou No. Dou".

On July 23, 2010, the Defendant submitted a medical certificate for the use of the military service at the Gwangjunam regional military manpower office located in 69, Gwangju Dong-dong, Gwangju, and received a judgment of physical grade Grade IV on the ground of disability in the right snow dynamic movement from G, a doctor in exclusive charge of draft physical after undergoing a follow-up physical examination.

Accordingly, the defendant damages his body or commits a fraudulent act with the intention of having military service reduced or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, G, and F;

1. Application of Acts and subordinate statutes to an investigation report (the results of an investigation as to whether a person completely recovers from the fourth degree of disability caused by the same physical movement disorder is accompanied by a doctor's opinion in exclusive charge, additional analysis and filing a report on suspect A's additional medical records, and

1. Article 86 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2007Do1148, Apr. 1, 2007