The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. In full view of the summary of the grounds for appeal, the trend of changes in the body of the defendant, the defendant's words during his Internet broadcasting, and the conversation with the person, etc., the court below found the defendant not guilty of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the fact that the defendant intentionally increased the body for the purpose of military service reduction and exemption.

2. Determination

A. No person who is the summary of the facts charged in this case shall injure his body or use a fraudulent act with the intention of evading military service or having military service reduced or exempted;

On July 23, 2017 to August 8, 2017, the Defendant intentionally increased the body and received a disposition of call-up to class 4 social work personnel, knife food, etc. with a large amount of knife food, etc., and submitted a changed military service disposition to the Military Manpower Administration on October 23, 2017.

On October 31, 2017, the Defendant was measured at the Busan regional military manpower office 176.6 cm, 105.2 km and BMI 3.7, and thus suspended disposition as the Defendant constitutes a person subject to a kidyne measurement. On November 29, 2017, as a result of a kidyne measurement around 2017, the Defendant was measured at 175.8 cm, 106.5 km from the body, 2MI 34.4, and became subject to the call-up to social work personnel service.

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

B. The lower court determined that the Defendant stated that he would increase weight to the effect that he would directly reduce military service through the Internet broadcasting or any other channel, and that the Defendant calculated BMI necessary to obtain Grade 4 from the Internet broadcast on September 6, 2017 and stated “ how to deduct 6 km” as “ how to deduct 6 km” in Part 3 of the lower judgment, but it appears to be a clerical error in writing.