A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 7, 2011, the Defendant is a person without military service subject to conscription who was judged to Grade II physical examination by the Seoul Military Manpower Administration.

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.

Nevertheless, the Defendant, via the Internet around August 2015, discovered that “BMI index is subject to supplemental service upon the measurement of less than 16 level 4 social service personnel, such as body, etc., according to the determination of the first class 4 social service personnel.” After reducing body weight, the Defendant applied for a physical examination and received a physical examination to be judged as social service personnel.

Accordingly, from around November 25, 2008 to around 2015, the Defendant applied for a change in the disposition of military service on November 16, 2015 by reducing the weight by reducing the amount of meals, reducing the amount of meals, and using urine solution, and applying for a change in the disposition of military service on November 25, 2015. As a result of a physical examination conducted by the Seoul Regional Military Manpower Administration on November 25, 2015, the Defendant was measured at 165.9cm, 42.4km, BMF 15.4cm, and 15.4cm, but the disposition was suspended for non-regular measurement.

After that, the Defendant refused to comply with the first irregular measurement, reduced the weight by receiving the above urology, and subsequently applied again on July 17, 2016, and received a physical examination again by the Seoul Military Manpower Administration around July 25, 2016, and received a physical examination again by the Seoul Military Manpower Administration on July 25, 2016, the Defendant was judged as Grade IV social service personnel for physical parts and others.

Accordingly, the defendant has damaged his body and 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. Application of the Acts and subordinate statutes for reporting internal investigation;

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. The sentencing guidelines set forth in Article 62(1) of the Criminal Act is not appropriate: Imprisonment with prison labor for one year or a suspended sentence of two years: A person who has been sentenced to a suspended sentence of six months or a suspended sentence of two years: A person who has been sentenced to a mitigated sentence of two years: A person who has been sentenced to a mitigated sentence, such as bad faith