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 this judgment becomes final and conclusive.

Punishment of the crime

On November 27, 2012, the Defendant was assigned to military service for physical grade 3 in the former regional military manpower office as “salvances caused by correspondence or self-harm, etc.” and was enlisted in the 35 army located in the former North Korean Armed Forces on December 24, 2013 and went back to Korea due to mental problems, such as depression around the 31st day of the same month.

After that, from around 2 years and 2 months to February 11, 2016, the Defendant underwent a follow-up physical examination on a total of four occasions due to the mental disorder, and had B, a person who is a literacy technician, put a door into the part of the Defendant’s bridge, arms, and chests by using machinery, etc. that injects excessive rain in the front city of the Bridge.

Ultimately, around February 11, 2016, the Defendant was judged to be subject to call-up to class 4 social work personnel service due to “salvance, etc. caused by correspondence or self-harm” in the Gwangju-Seoul regional military manpower office.

Accordingly, the defendant committed an act detrimental to 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. Each report on investigation;

1. Data related to military service disposition, military register inquiry, notification of the results of a physical examination for a disciplinary person, deliberation reports by the deliberative committee on determination of local physical grades, detailed physical examination decisions, opinions of doctors for the draft physical examination, physical examination for a disciplinary person, etc.;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The crime of this case was committed with disadvantageous reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc., with the intent of having the defendant reduced or exempted from military service, and whose body is damaged and whose nature is not good.

A favorable reason is that the defendant recognizes the crime of this case, and the defendant does not have to be exempted from military service due to the crime of this case.