A defendant shall be punished by imprisonment with prison labor for not more than ten 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 shall injure his body or use a deceitful act for the purpose of evading military service or having military service reduced or exempted.

On April 7, 2016, the Defendant was judged to be subject to enlistment of Grade II in active duty service in Jeju Military Manpower Administration, which was located in Jeju Provincial Office building on April 59, 2016, and around that time, the Defendant was determined to be subject to enlistment of Grade II in active duty service in the Jeju Military Manpower Administration, which was 179.8 cm for the extension of the Defendant, and 85.6 km for the body in the middle.4 26.

From May 2017, the Defendant was aware that from around 2017, the Defendant was able to enlist in supplementary service by increasing the weight of the body through her relatives, and that he could receive the disposition of supplementary service when the physical quality index (BM) exceeds 33.

From that time, the Defendant intentionally applied for military service change on August 30, 2017, when he applied for military service change on September 20, 2017, by intentionally increasing the number of food consumption and reducing the quantity of physical exercise for the purpose of increasing the number of military service duty, and received a draft physical examination conducted by the Gyeongnam Military Manpower Administration in the Gyeongnam District Military Manpower Administration on September 20, 2017, 178.4 cm, 178.4 cm, 112.kg, 112.kg, 35.4 m, physical weight index (BMI) with the body and other Grade 4 replacement status (subject to social service).

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

Summary of Evidence

1. Statement by the defendant in court;

1. A notice of the result of a draft physical examination;

1. Application of the Acts and subordinate statutes on conversations from each page;

1. Article 86 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1448, Jun. 1, 201)

1. The community service order under Article 62-2 of the Criminal Act;