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(영문) 창원지방법원 2016.11.02 2016고단2442

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From 2008 to 2016, the Defendant started with Bodi Building from the time he was enrolled in the third grade of the Kimhae High School in 2008, and continued to move to a physical level below 90 km and at least 65 km, and maintained the average BMF index 27.9 km during the above period.

On August 28, 2008, the Defendant became aware of the fact that physical grade IV supplemental service may be judged in physical grade 4 in the physical examination for a physical examination for a military personnel, and that he was found to have been judged in physical grade 4 in physical grade for about 1 year by raising the body for about 41km and taking in excessive food over normal level, and was judged in physical grade 4 replacement service at the draft physical examination for the Seoul regional military manpower office around 171cc, 11cc, 2MI index 37.9 on August 28, 2009.

Accordingly, the defendant has damaged his body and written a fraudulent act with the intention of evading military service or having military service reduced or exempted.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Determination as to the assertion by the Defendant and the defense counsel of military register inquiry meetings, camping University data meetings, student father meetings, arrangement of detailed changes in body on the date prior to the participation in the games, reply to a request for the details of medical care benefits, personal details and management records, data meetings, and the defendant and the defense counsel;

1. The summary of the argument was 105 to 110km from one year prior to the physical examination of the military personnel, and the above body was maintained during the period of public service after the physical examination. The Defendant did not intentionally increase the weight of the body in order to be judged in the Grade 4 supplemental service.

2. In light of the following circumstances revealed through the evidence of the judgment, the Defendant intentionally included the body in the fourth class supplementary service.