A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

No person shall injure his body or commit a deceitful act for the purpose of evading military service or having military service reduced or exempted.

On November 28, 2005, the Defendant, after undergoing a draft physical examination by the Gyeonggi Northern Military Manpower Administration, was judged to be subject to the third grade enlistment in active duty service, followed by the examination for qualification certificate, illness, etc., and had been postponed on the date of enlistment in active duty service on the grounds of application for the examination for qualification certificate, illness, etc., and had been able to lead a normal life without taking a prescribed prescription, by means of deception as if there is symptoms of depression.

Accordingly, on July 19, 2013 and November 19, 2013, the Defendant undergoes a physical examination at the Seoul District Military Manpower Administration located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to prepare for blood reaction test by taking medicines for prescription of depression before 2 to 3 days, and undergo a physical examination, and submitted a negative answer as if a mental disease occurred in the comprehensive psychological examination conducted at the university hospital located in Seocheon-gu, Chungcheongnam-gu, Seoul, and then distorted the results of the examination. On November 12, 2013, the Defendant was issued a medical certificate under the name of “major friendly certificate” from the mental hospital and the medical specialist of Yeongdeungpo-gu, Seoul District Military Manpower Administration, and submitted it to the Seoul Military Manpower Administration for determination on April 4, 2014, and submitted it to the Seoul Military Manpower Administration.

Accordingly, the defendant has written a fraudulent act for the purpose of having military service reduced or exempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a report on investigation and a report on investigation (verification of military service records);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant suffers from mental illness with the intention of having military service reduced or exempted while delaying the performance of military service obligation several times.