The defendant shall be innocent.

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

Nevertheless, on August 7, 200, the Defendant, upon receiving a physical examination for conscription on August 7, 200, delayed the enlistment of skilled industrial personnel as a person subject to a call-up for social work personnel, the reason for applying for the examination, etc., and committed as if there were symptoms of damage in the situation of exchange and exchange, thereby evading military service.

Accordingly, from February 25, 2009 to April 8, 2010, the Defendant filed a written medical examination of military use with the purport that “it is expected that there will be considerable disabilities in social and professional functions due to mental symptoms due to the symptoms of mental symptoms” from the physician E of the D Hospital in Seongbuk-gu Seoul, Seoul, who repeatedly complained of the above symptoms throughout several times, and hospitalized and discharged in the mental ward and ward, on March 3, 2011, the Defendant avoided military service after submitting it to the person in charge of the second draft physical examination, who was judged as the citizen service in the second draft physical on March 7, 2011.

Judgment

1. Article 86 of the Military Service Act provides, “A person who deserts, absconds, or injures his body or mines his territory 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 nor more than five years.”

In this context, the term "in the event of continuous performance of military service" refers to the act of evading the performance of military service or causing physical condition of having the military service reduced or exempted, such as escape, diving or physical damage. However, even though it does not fall under the conditions of reduction or exemption of military service, or it does not fall under such physical condition, it refers to the act of deceiving the military administrative authority to have the military service reduced or exempted. Therefore, it infringes on the appropriateness of the military administration by evading the performance of military service and evading the performance of military service to the extent corresponding to the escape or potential behavior.