A defendant shall be punished by imprisonment for not less than eight months.

except that 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 March 23, 2010, the Defendant was exempted from military service by submitting a certificate of disability and a written application for exemption from military service to the Seoul Regional Military Manpower Office on June 1, 2010, after he received a certificate of disability and a certificate of disability of grade 5 with hearing disorder by performing the behavior that the sound of hearing ability measurement was not set, despite the fact that the hearing was normal.

Accordingly, the defendant has written a fraudulent act with the intention of evading military service or having military service reduced or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes to any report on criminal fact, investigation report (a summary of the result of confirmation of military service matters, etc.), military register inquiry, physical examination inquiry, disabled certificate, and disability diagnosis report;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. According to the Act on Special Cases concerning the Settlement of Traffic Accidents with Reasons for Sentencing under Article 62(1) of the Act on the Suspension of Execution, in consideration of the following: (a) there is no particular criminal record other than a fine of one million won; (b) the Defendant has divorced from his father who died; (c) the Defendant has to enlist in active duty service within the nearest time; and (d) the Defendant has to make a confession of the instant crime and reflect in depth, etc., the sentence shall be determined as per the Disposition