A defendant shall be punished by imprisonment for six months.

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 without military service shall commit any act detrimental to his body with the intention of evading, having military service reduced or exempted.

피고인은 2016. 7. 14. 경부터 2016. 8. 12. 경까지 부산 이하 불상지에서, 만성 화농성 중이 염 병사용 진단서를 발급 받아 부산지방 병무청에 제출하여 신체 등위 4 등급 판정을 받기로 마음먹고, 여자친구인 D에게 ‘ 동 전과 발을 씻은 물, 바닷물, 담배연기 등 더러운 이물질을 피고인의 귓속에 넣어 달라’ 고 부탁한 후, D와 함께 동전을 씻은 더러운 물 등을 매일 3~7 회씩 30초 정도 피고인의 귓속에 집어넣고, 수시로 더러운 손가락과 담배연기를 피고인의 귓속에 집어넣었다.

Accordingly, the defendant injured his body with the intention of having military service reduced or exempted.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Each statement of D, E, and F;

1. A written inquiry about the military register of an inmate;

1. Application of the provisions of Part I of the Answer

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The defendant and his defense counsel's assertion on the defendant and his defense counsel under Article 62-2 of the Social Service Order Criminal Act was found to have not committed a crime identical to the facts constituting a crime for the purpose of evading or evading military service, since the defendant was in a situation where he could be judged as above Grade 4 or 7 even if he did not perform the same act as the facts constituting a crime.

The argument is asserted.

Article 86 of the Military Service Act shall be punished by imprisonment with prison labor for not less than one year nor more than five years, if a person who has fled, concealed his whereabouts, injured his body, or committed a deceitful act, with the intention of evading military service or having military service reduced or exempted.

The term "" is defined as ".

The composition requirement is intended for an offender to evade military service or to be mitigated or exempted from his/her duty.