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The prosecutor's appeal is dismissed.
Reasons
1. According to the records of the grounds for appeal, the court below found the defendant not guilty of the facts charged in this case, which affected the conclusion of the judgment, even though the defendant was found to have committed a fraudulent act, such as committing a false act with intent to be exempted from military service.
2. Determination:
A. The summary of the facts charged was that the Defendant received a draft physical examination on June 29, 2006 and was judged as subject to enlistment in the third grade in the active service (175 cm in height, 81 km in body), but the date of enlistment was postponed for applying for the examination on January 29, 207. On May 6, 2008, the Defendant was determined as subject to a draft physical examination on July 18, 2008 (176 cm in height, 110 g in body) and was determined as subject to a draft physical examination on September 30, 2008, while serving as industrial technical personnel from September 30, 2008 to August 17, 2009, and the assignment of industrial technical personnel was revoked on September 21, 2009.
While the enlistment date has been postponed for about 17 months on the grounds of a sudden test, disease, etc., the Defendant had attempted to reduce or exempt military service by means of deception as if there was symptoms of division despite the absence of mental disorder.
From November 2010 to December 2012, 2012, the Defendant received medical treatment at the National Hospital Hospital in the Seoul Special Metropolitan City from the Seoul Special Metropolitan City from November 2010 to December 2, 2012, and, in itself, the learning itself is difficult. In the house, it is still infeasible, uneasiness and exchange. There is still uneasy. The head is continuing in the exchange and the damage network. The head is continuing. The Defendant was issued a medical certificate for the medical use under the name of “accompactic mental fasible” from the F of the Seoul Special Hospital E specialist on April 30, 2012, and submitted it to the Daegu Northern District Military Manpower Office to be judged to be the second citizen service in Grade V on May 14, 2012.
Accordingly, the defendant has written a fraudulent act with the intention of evading military service or having military service reduced or exempted.
B. The lower court determined that the Defendant.