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(영문) 대구지방법원 경주지원 2017.11.23 2017고단698

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

On June 15, 2016, the Defendant is a person subject to enlistment in active duty service who was judged at Grade 3 of physical grade 170cc in the Daegu High Military Manpower Administration (Seoul High Military Manpower Administration), 89.1km in body, 2MI index 30.8.

On October 2016, the Defendant: (a) heard the horses that “The Defendant may serve as skilled industrial personnel at Grade 4 after receiving a judgment of early grade 4, 2016,” and (b) received physical grade 4 from around October 28, 2016 to around February 28, 2017 by raising the weight to receive a judgment of Grade 4; (c) from around October 2016 to around February 20, 2017, the Defendant was judged as having submitted an application for change of military service at Grade 3, 4, 15, 17, 35, 4, 17, 307, 4, 105, 30, 107, 103, 103, 103, 203, 30,000,000,000,000,000,000,00.

Accordingly, the defendant has damaged his body and committed a fraudulent act for the purpose of having military service reduced or exempted.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of the police officers of the accused;

1. The written statement of the defendant;

1. Investigations and reports (Korean dialogue data), page conversations data, investigation reports (summ of military service records), military records inquiries, reports on military examinations, notification of the results of a draft physical examination, examination rules, such as a draft physical examination, examination and reporting (department/student health records), investigation and reporting, changes in the body of delayed extension by year, records of school life, records of student health register, investigation and reporting (the details of Facebook conversations on December 19, 2016), replies to inquiries into the details of health care benefits, measurement of a draft physical examination for extension, applications for exemption from military service changes, and the application of statutes applicable thereto;

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

1. Article 62 of the Criminal Act: