The defendant shall be innocent.

1. On September 15, 2001, the Defendant was judged to be subject to enlistment in first class in the military service at the Incheon Gyeonggi District Military Manpower Office.

The defendant is aware of a hospital that issues a medical certificate with the mind that he will be exempted from military service by pretending to be divided, and received medical treatment from February 14, 2007 to July 19, 2007 by the department of mental health of the E Hospital located in Dongjak-gu Seoul Metropolitan Government, as if there was a mental divided disease, the defendant was issued a medical certificate using the medical certificate with the words "it is uneasy and uneasy without any justifiable reason for a day," and "I am outside the house. I am uneasy," and "I am uneasy," and "I am under the medical treatment of the hospital," and received a medical certificate using the medical certificate with the name of "falsy' in the above hospital on July 4, 2007."

On July 19, 2007, the Defendant submitted a written diagnosis attached to the above written diagnosis to the Incheon Gyeonggi-si Regional Military Manpower Office, which was located in Suwon-si, 1, Dong 53-2, Suwon-si, and was exempted from military service, and was exempted from military service based on the above written diagnosis.

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

2. Determination

A. The burden of proof for the facts constituting an offense prosecuted in a criminal trial is to be borne by a public prosecutor, and the acknowledgement of facts constituting an offense is to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof does not reach the degree of conviction, it shall be determined in the interests of the defendant even if there is suspicion of guilt.

B. Article 86 of the former Military Service Act (amended by Act No. 9754, Jun. 9, 2009; hereinafter “former Military Service Act”) provides that “Any person who deserts, absconds from, or injures his body or commits a deceitful act with the intention of evading the duty of military service or having the duty of military service reduced or exempted shall be punished by imprisonment with prison labor for not less than one year but not more than five years.”