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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 2, 2012, the Defendant was assigned to active duty service after measuring 177 cm in height, 66 km in body, and 21 physical grade 1 with the result of the examination of military service conducted by the Seoul Regional Military Manpower Administration on April 2, 2012, and applied for postponement of enlistment on five occasions from around that time to September 13, 2017. The Defendant was determined to be subject to postponement of disposition after measuring 178 cm in height, 53.7 km in body, and 16.9 with the result of re-measurement conducted by the Seoul Regional Military Manpower Administration on November 29, 2017, and being determined to be subject to postponement of enlistment on five occasions from that time to September 13, 2017.

On February 23, 2018, at the Seoul Military Manpower Administration located in Yeongdeungpo-gu around 09:58, the Defendant received a physical examination following an application for alteration of military service disposition that was submitted by the Defendant on the ground of the extension body, and was determined to lower the physical quality index, and was measured by the Defendant at the Seoul Military Manpower Administration around 09:58 at the level of Seoul, Yeongdeungpo-gu, Seoul, on the ground that the physical examination was conducted on the ground of the extension, the Defendant was measured with a height of 179.1cc. m., 54.1kg, and physical quality index 16.8m.

Accordingly, the Defendant used the military service for the purpose of evading or getting military service reduced or exempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (a summary report of military service records, military service judgment physical examination, etc., inspection rules, details of changes in body of expansion, and Defendant’s photograph at

1. Relevant Article 86 of the Military Service Act concerning criminal facts. Article 86 (Statutory Penalty)

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1) of the Criminal Act does not mean that the defendant's act of deception with the intention of having military service reduced or exempted.