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

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

Punishment of the crime

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

The Defendant came to know through the Internet that he was determined as a physical grade 4 social work personnel if he had a height of “BMI index” at least 113 km as a result of the Defendant’s extension of the period of active duty service among those who are subject to draft physical (e.g., e., e., e., a person subject to draft physical (e., e., e., e., e., a person subject to further draft physical examination). After having known the fact that he was determined as a physical grade 4 social work personnel at a higher level with the aim of having the military service reduced or exempted, the Defendant saw that he was

On March 13, 2015, the Defendant applied 2.16km from the 3rd floor of the 3rd floor of the Donam regional military manpower office in Gwangju-dong, Gwangju-dong, Gwangju to the 69th floor of the 3rd floor of the Gyeongnam regional military manpower office, and measured the 2.16km by using 114km (Recompon measurement) increased compared to the body in response to the physical re-measurement in the state of fixing it into the roof and Cheong tape.

Accordingly, the defendant committed a fraudulent act with the intention of having military service reduced or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. B written statements;

1. Records of seizure and the list of seizure;

1. Report on findings of investigation of reported civil petitions, investigation report (related regulations), investigation report (written opinion of the doctor in exclusive charge of draft physical);

1. Military register inquiry and physical examination inquiry;

1. Application of each statute on photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62-2 (1) of the Criminal Act on Probation;

1. The crime of this case committed by the defendant for the reason of sentencing under Article 48 (1) 1 of the Criminal Act constitutes the criteria for determining physical grade 4 in order to evade enlistment in active duty service.