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(영문) 대구지방법원 2014.05.22 2014고단931

병역법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 2013, the Defendant was subject to a physical examination to determine whether to perform the duty of military service. From January 2013 to May 5, 2013, the Defendant damaged his body with the intention of evading or having the duty of military service reduced or exempted by being judged to be subject to a draft physical examination of Grade 4 public duty personnel in the Daegu Seo-gu District Military Manpower Office, by inserting the text of the excessive language on the part of the jury, and inserting the text of the floodgate on the part of the part of the jury, and inserting the text of the floodgate on the part of the her part.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Investigation report (record related to physical examination);

1. In full view of the military register inquiry, physical examination inquiry, notification of results of physical examination for conscription, deliberation by the local physical examination deliberation committee, opinions of doctors for draft physical examination, background leading to mental or physical disorder, background leading up to the occurrence of illness/psychological disorder, Defendant and defense counsel’s assertion about Defendant and defense counsel, the Defendant and defense counsel alleged that the Defendant did not have any correspondence for the purpose of evading military service. However, in the prosecutor’s investigation, the Defendant stated that the Defendant had expressed that he would not have any correspondence with his body around 2011. Nevertheless, the Defendant’s additional correspondence in the year 2012 and 2013, and that it may affect the type of military service that the Defendant might have relatively widely known to the general public, and thus, the Defendant’s assertion that the Defendant and defense counsel could not be accepted.

Application of Statutes

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

1. Article 62(1) of the Criminal Act provides that the defendant is the first offender, the defendant is not exempted from military service, but must perform military service as a public duty personnel, and the defendant seems to have relatively weak purpose of evading military service.