A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No person with no military service shall injure his body with the intention of evading, having the military service reduced or exempted.

Nevertheless, the Defendant, from around 2013 to around 2015, was determined as Grade 4 on June 17, 2016 in the judgment of the Military Manpower Administration in Gwangju Regional Military Service on the ground of telegraph, and thereby, damaged his body for the purpose of evading military service or being exempted from military service by being subject to a disposition of military service by being assigned to the call-up of social service personnel on the ground of telegraph, at the military service examination of the Gwangju Regional Military Manpower Administration on June 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into military register;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 86 of the Military Service Act concerning criminal facts;

1. In light of the following: (a) the crime committed to obtain reduction of or exemption from the duty of military service on the grounds of sentencing under Article 62(1) of the Criminal Act is inferior; (b) the Defendant is unable to serve as active duty servicemen again; and (c) the Defendant is thereby evading active duty service; and (d) it is necessary to consider equity with many young young people who faithfully perform the duty of military service.

However, in light of the fact that the defendant is not fully exempted from military service, the fact that there is no other criminal records other than once a fine, and other circumstances that form the conditions for sentencing as shown in the arguments of this case, such as the defendant's age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime, etc., and the following circumstances, the punishment shall be determined as ordered.