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 became final and conclusive.

Punishment of the crime

On October 28, 2010, the Defendant was measured with 174 cm for further 174 cm in the military service judgment, 82 km from the body, BM 27 on November 22, 2010, and was judged to be subject to active duty service on November 22, 2010. On April 8, 2015, the Defendant was measured with 175 cm in the re-military service judgment, 90 cm in body, BM 29.3 and was determined to be subject to active duty service on May 13, 2015.

On the other hand, the defendant intentionally saw that he want to live in the active service and live a shot player's life after linking news that occurred in the military forces, and tried to work as a social service personnel who is not an active duty serviceman.

On October 20, 2015, even though the Defendant participated at the national sports competition around 96, around 2015, the Defendant continued to drink food and drink from the end of the said competition until November 18, 2015, and increased the weight to 109.9km. On the same day, the Defendant submitted a military service change report to the Gyeongin Regional Military Manpower Administration, which is located in 120, Suwon-ro 120 (Woo-ro), for further improvement after undergoing a draft physical examination, and was judged to be subject to a draft physical examination by measuring at 174.8m, 109.9k, BM 35.9g, and CM 35.9, and was determined to be subject to a draft physical examination.

Accordingly, the defendant has damaged his body or committed a fraudulent act for the purpose of having military service reduced or exempted.

Summary of Evidence

1. Responses to the Korea Disabled Association (cases of requests for verification, such as sports athletes' competitions and results);

1. A check report on military register and a physical examination report to the Military Manpower Administration and the Military Manpower Administration; and

1. Inspection rules, such as physical examination of a draft physical (Ordinance of the Ministry of National Defense No. 872);

1. Report on internal investigation (report on the confirmation of records of the participation in the Scooms);

1. An athletic schedule, competition table, etc.;

1. A reply to a request for a copy of a physical examination;

1. A written application for change of assignment of military service and a record book of civil petition counseling by telephone;

1. Application of Acts and subordinate statutes certifying physical and weight measurement;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The gist of the assertion is that the defendant was satisfy in the state of stress.