The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal may be recognized that the defendant committed a fraudulent act, such as committing a person with a mental disorder, with the intention of evading military service or having military service reduced or exempted, but the judgment of the court below which acquitted the defendant of the facts charged in this case is erroneous in matters of law by

2. Determination

A. On October 23, 2001, the Defendant had been subject to the first grade disposition of enlistment in active duty service at the Incheon Gyeonggi each regional military manpower office, and extended the enlistment date on the ground of university attendance.

From around 2004, the Defendant started to engage in the marina activities and participated in various TV programs and performances, or participated in the drinking lessons at universities. However, while continuing active duty service could not be postponed, the Defendant was willing to evade the duty of military service by driving a mentally wounded noble person.

Therefore, from May 2007, the Defendant was under intensive outpatient treatment in the neological department of F Hospital in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and was under the influence of a mentally ill person.

After that, around October 1, 2008, the Defendant received a medical examination from the doctor in charge of the above hospital under the name of “mental fission certificate” and submitted a written examination for the replacement of military service disposition to the Incheon Gyeonggi Gyeonggi regional military manpower office based on the results, and accordingly, received a draft physical examination from the Incheon Gyeonggi regional military manpower office on October 9, 2008, and received a draft physical examination again.

Around April 6, 2009, the Defendant issued a re-issuance of the medical certificate for military use of the above contents by the doctor in charge of the above hospital. On April 9, 2009, the Defendant submitted a medical certificate for military use, etc. upon receiving a re-examination for military service at the Incheon Gyeonggi District Military Manpower Office. Ultimately, the Defendant was subject to a second citizen service disposition on the ground of psychotropic spirit and disease.

Accordingly, the defendant committed a fraudulent act by committing a false act with the intention of evading military service duty or having military service reduced or exempted.

(b).