The defendant shall be innocent.

1. The summary of the facts charged was that the Defendant was determined as being subject to enlistment in the third grade of the active duty service after a draft physical examination on June 29, 2006 (175 cm for further 175 cm, 81 km for physical body), and on January 29, 2007, the date of enlistment was postponed on the grounds of application for the examination. On May 6, 2008, the Defendant received a second draft physical examination upon application of the Defendant on July 18, 2008, and was determined as subject to a draft physical examination on July 18, 2008 (17 cm for further 176 cm, 110 km between physical body and 110 km) and was transferred to industrial technical personnel service on September 30, 2008, and was voluntarily withdrawn on August 17, 2009.

The defendant, who had postponed the enlistment date for about 17 months on the grounds of a sudden test, disease, etc., had had the symptoms of mental division, and had had the symptoms of mental division reduced or exempted military service by deception as if there were symptoms of mental division.

From November 2010 to December 2012, 2012, the Defendant received medical treatment at the National Hospital in the Seoul Special Metropolitan City (Seoul) Hospital, and, in itself, it is difficult for the Defendant to die in the house. On the other hand, the learning in question is coming to the Cheong, uneasiness and exchange. There is still uneasy. The head is continuing in the exchange and the damage network. The head is continuing. On April 30, 2012, the Defendant was issued a medical certificate for the medical use under the name of the “psychological colon of the unknown mental disorder” from the F of the Seoul Special Hospital EF, and submitted it to the Daegu North District Military Manpower Office to be judged to be the second citizen service 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.

2. Determination

A. In a criminal trial, the recognition of a criminal fact ought to be based on strict evidence with probative value, which leads a judge to such a degree that there is no room for reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would be ensured, the Defendant’s assertion or conviction is not sufficient.