A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The Defendant is liable for military service.

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.

Since the Defendant started to perform a gate on the left and left chest part of 2013, the Defendant was aware of the fact that, on June 12, 2017, he/she received a judgment of physical grade 3 on the grounds that he/she had a gate in the draft physical examination at around June 12, 2017 and received a judgment of physical grade 3 on the grounds that he/she had a gate in the draft physical examination, and on the same day, he/she would be subject to an investigation by a special judicial police officer of the Military Manpower Administration due to physical damage and fraudulent act and be subject to criminal punishment according to the result of his/her additional gate.

Nevertheless, the Defendant, at a place where the location cannot be known between June 2018 and July 2018, received a disposition of military service subject to the call-up to social work personnel service upon being judged of class 4 of the physical grade on the ground of the high-level correspondence in the North Korean regional military manpower office located in the 3-lane of Yansan-gu, Seoul Special Metropolitan City on February 13, 2019.

Accordingly, the defendant injured his body with the intention of evading military service or having military service reduced or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. References to physical examination, written opinions of doctors for a draft physical examination, literary photographs, notification on the results of a draft physical examination, advice on the evasion of military service, each detailed physical examination decision, application of Acts and subordinate statutes governing military register certificates;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order requires strict punishment since the defendant committed the instant crime in order to have military service reduced or exempted. However, the defendant has to be exempted from military service from the beginning.