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(영문) 부산지방법원 2021.01.21 2020고단2445

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

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

On October 30, 2015, the Defendant was judged to Grade 3 of physical grade in the examination of military service conducted by the Busan Regional Military Manpower Administration on October 30, 2015 for the reason that the sentence is in arms.

On December 2, 2017, the Defendant was issued a decision of physical grade 4 on September 16, 2019 on the ground that, in order to avoid military service or be exempted from military service, the Defendant was issued a disposition of military service subject to call-up of social service personnel, on the grounds that, in the military service judgment conducted by the Busan Regional Military Manpower Administration on September 16, 2019, the sentence extends over the whole of face, body, body and distribution.

Accordingly, the defendant has damaged his body with the intention of evading or being exempted from military service.

Summary of Evidence

1. Inquiries about the military register of the defendant's legal statement and photographs showing telegraphs;

1. Application of the Acts and subordinate statutes governing evasion of military service;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are against the defendant's recognition of the crime, the defendant's body is in conflict with the defendant, the circumstances leading up to his body, and other conditions of sentencing as stated in the arguments of this case, such as the defendant's age, sexual behavior, environment, and circumstances after the crime, shall be comprehensively considered.