The defendant shall be innocent.

No person prosecuted shall injure his body or commit a fraudulent act with the intention of evading military service or having military service reduced or exempted.

Nevertheless, on August 13, 2002, the Defendant was issued a medical certificate by deceiving his will to act as if he had a intellectual disability, and was given reduction of military service by being recognized as a intellectual disability by using the medical certificate, when he was called up to social work personnel service due to lack of academic ability after being called up to social work personnel service due to lack of academic ability.

From April 4, 2016 to October 18, 2016, the Defendant received medical treatment from doctor C in Gyeonggi-si, Gwangju-si, and issued a false disability diagnosis certificate to the clinical psychologist E, stating that “The Defendant was given a false judgment of public interest by attempted suicide in the form of spine ebrate, etc. after attempted suicide in a state of insufficient academic background and emotionally differentiated.” As if the Defendant were unable to perform military service and daily life, the Defendant was issued a false disability diagnosis certificate to the effect that I Qu is merely a category of intellectual disability 59 and constitutes intellectual disability 3.

On November 18, 2016, the Defendant received the decision of disability grade from the Gyeonggi-do Gwangju City Mayor that the Defendant constitutes Grade III intellectual disability and registered as a intellectual disabled person. On December 14, 2016, the Defendant applied for change or exemption from military service due to intellectual disability and received the disposition of wartime labor service around December 20, 2016.

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

Judgment

1. According to the evidence submitted, the following facts are acknowledged:

From April 4, 2016 to October 18, 2016, the Defendant received mental diagnosis and treatment from “C Council member” located in Gwangju City, and the result of the psychological examination conducted around April 9, 2016, the Defendant’s total intelligence index (FSI Q) was 59, and the social age (SA) was 14 years.

(2).