A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On March 2013, the Defendant, as a person with no military service, was aware that the BMI index (the method of measuring the quantity of the region by using physical quality index, height and body weight) is below a certain numerical value, in a short-term manner that does not provide meals, the Defendant was able to reduce the weight of the body for a short time by failing to provide meals.

On March 29, 2013, the Defendant was enlisted in active service at the 164cc, 48cc, BMI index 17.8, but from March 15, 2013, the Defendant was subject to a measurement by the chief prosecutor of the Military Manpower Administration in Busan on July 16, 2013 at the 162cc, 39cc, BMI index 14.8, 201. On August 29, 2013, the Defendant was subject to a measurement by the chief prosecutor of the Military Manpower Administration in Busan on the 162cc, 40cc, BMI index 15.2, 16cc, 207, 163cc, 163cc, 14m, 163m, 4m, 16m, 4m, and 15.

Accordingly, the defendant has damaged his body with the intention of evading or being exempted from military service.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol for B, C, D, and E;

1. Application of Acts and subordinate statutes to one copy of a military register inquiry letter, the Military Manpower Administration, the Military Manpower Administration, one inquiry book, one copy of a student's health register, and one student's personal card, respectively; and

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Constitutional Court Decision 62 (1)