A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant is Busan University student.

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

On January 28, 2015, the Defendant, who is a male citizen of the Republic of Korea, was judged to be on active duty duty, was found to have been determined on the military examination by the Busan Regional Military Manpower Administration on January 28, 2015 by reducing the weight of the body more than 161cc but less than 204cc, thereby lowering the physical quality index (BMI) from 17m to below 17m in the case of class 4, and was found to have been determined as a social service personnel by reducing part of the weight of the body.

Since then, the Defendant entered active service on August 8, 2016 according to the results of the physical examination in 2015, and was judged to have a 7th degree of psychosissis disorder in the enlistment examination, and was returned to the Republic of Korea on the 12th day of the same month.

On November 16, 2016, the Defendant submitted a revised military service disposition to the effect that he requests a reexamination of the military enlistment due to a sudden decline in body, by reducing the amount of meals per day by 53.4km, from that time, the Defendant was judged on March 30, 2017 that the military service judgment of the Busan Regional Military Manpower Administration was 182.6 cm for further 182.6 cm for physical training and 52.9 km for physical weight 15.8 cm for BMI index.

Accordingly, the defendant, for the purpose of evading military service duty or having military service reduced or exempted artificially and damaged his body.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes governing the evasion of military service, the medical certificate for military service, the records of progress, each internal investigation report (Evidence Nos. 4,5, 12, 14, 15, 16, 18, and 19), the detailed physical examination report on the army training, the records of progress, and the Military Manpower Administration's physical examination report;

1. Relevant provisions of the Act concerning facts constituting an offense;