The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal did not intentionally reduce the charges for the purpose of evading military service, and the court below erred by misunderstanding the defendant guilty of violating the Military Service Act and adversely affecting the conclusion of the judgment, although the evidence presented by the court below alone is not proven.

2. Determination

(a) No person shall flee, conceal his/her whereabouts, injure his/her body, or use a deceitful act, with the intention of evading military service or having military service reduced or exempted;

The Defendant had a mind to reduce the weight of body in a short period by means of not knowing that physical grade 4 social work personnel can receive meals when the BMF index lowers the weight of body through the Internet, printed materials, etc.

On October 24, 2016, the Defendant was enlisted in the active duty service of physical grade 3, 177.4 cm for further 177.4 cm on October 24, 2016, and physical grade 5.7 cm for the Defendant, but thereafter, the Defendant was enlisted in the active duty service of physical grade 3 cm on April 5, 2017 by reducing a part of the body through the above method and reducing it on the part of the body, which was measured by the military service judgment prosecutor of the Seoul Regional Military Manpower Office on April 5, 2017.

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

B. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court determined that the Defendant was sufficient to recognize the fact that the Defendant intentionally reduced weight with intent to have military service reduced or exempted.

(1) From 2014 to 2018, the defendant's extension and weight, and BMF index shall be as follows:

2014년(고1) 2015년(고2) 2016. 10. 24. (고3) 2017. 4. 5. (병역판정 신체검사) 2018. 1. 30. (입영부대 신체검사) 신장(cm) 174.2 175.5 177.4 179.3 178.8 체중(kg) 53.3 55.1 55.7 47.6 55.2 BMI 지수 17.6 17.9 17.7 14.8 17.3 국방부의...