A defendant shall be punished by imprisonment for six months.

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

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

In fact, the Defendant: (a) filed a request for an additional examination on August 8, 2017 for the purpose of being exempt from military input, even though he did not face symptoms, such as re-explation or pacence; (b) filed a request for an additional examination on the grounds of inhuman relations anxiety and depression, etc. while being admitted to the 31st unit located in Gwangju Northern-dong; (c) received treatment from a military doctor of the Armed Forces Hospital, and (d) received treatment from a military doctor of the Armed Forces Hospital, and discharged him from a nearby hospital under the condition of re-exploitation for three months after receiving medical treatment; and (c) received treatment at the department of mental health of the hospital B and received treatment, and (d) filed a request for a mental and pharmacological surgery, and did not return to the hospital; (d) filed a request for the aforementioned mental and pharmacological illness on November 13, 2017; and (e) filed a false appeal for the same mental disease on March 13, 2017.

Accordingly, the defendant committed a fraudulent act with the intention of evading military service.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each written statement C, D, and E;

1. Medical opinion on a draft physical examination, request for a medical examination for drugs and the results thereof, the details of letters, and the application of statutes to the Health Insurance Review and Assessment Service;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (including the first offender who has no criminal power, has been repented in depth, and the fact that he will faithfully work in the future);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);