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(영문) 광주지방법원 2014.01.27 2013고단5409

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

except that 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

On July 9, 2008, the defendant is a person subject to enlistment in active duty service who was judged physical grade I by a physical examination conducted by the Gyeonggi-do regional military manpower office.

On September 2010, the Defendant: (a) heard the horses to the effect that he was judged at physical Grade 4 by exposing the kidem, which is a multi-preventive medicine from the mar-type B, from the view of the view, from the view of the steering house located in Jindo-gu, Jindo-gu, Yannam-do; and (b) hearing the horses to the effect that he was judged at Grade 4, the Defendant was exempted from military service in such a way as to make the kidemb in

From October 2010 to October 27, 2010, the Defendant: (a) performed medical treatment at a hospital located in the relevant Si of 1, 2010 to hereinafter referred to as “Amgu-gu-gu-si-si-si-si-si-si-si-si-si-si-dong-gu-si-si-si-si (hereinafter referred to as “Amgu-si-si-si-si-si-si-si-si-si-si-si-si-si-si (hereinafter referred to as “Amgu-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si”); (

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police officer in F and G;

1. A statement prepared by the H;

1. Application of Acts and subordinate statutes described in each of the physical examination inquiries, medical examinations for the use of enlisted men, copies of each medical record, and medical examinations for the doctors in exclusive charge of draft physical;

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

1. The sentence shall be determined as shown in the Disposition, considering the defendant's reason for the suspended sentence under Article 62 (1) of the Criminal Act, the balance of sentencing with the defendant's private villages B, the defendant's primary offender, etc.