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(영문) 서울중앙지방법원 2015.07.09 2014고단5471

병역법위반

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The gist of the facts charged lies as if the Defendant had a sexual identity disorder even though the Defendant did not have a sexual identity disorder. The Defendant had a mind, the denial and treatment of the mind, the chest surgery, etc., and had the mind to be exempted from military service on the basis thereof.

On March 6, 2002, the Defendant submitted a draft physical examination 2nd physical examination judgment at the Seoul regional military manpower office on November 24, 2004, and received a draft physical examination 3th physical examination judgment on November 28, 2005, and went home on March 7, 2006, but was subject to a draft physical examination 4th physical examination judgment on May 8, 2006.

At the time when the defendant was judged as Grade IV of the physical examination as above, the defendant was designated as a subordinate to the public duty personnel call, and the defendant was expected to be subject to a disposition of the second citizen service on the ground of long-term atmosphere as of January 1, 201, but the above subordinate system was abolished in accordance with the Public Duty Personnel Service Regulations enacted on December 30, 209, and the above subordinate system became one of the public duty personnel service personnel service, and the defendant was forced to serve as a public duty personnel. From March 8, 2010 to March 8, 2010, the defendant filed a change of the military service disposition on the ground that he had a mental disorder, etc., complained of the sexual identity disorder, etc., and was treated as a public duty personnel service personnel again on September 16, 2010.

Accordingly, the Defendant continues to receive medical treatment on the ground of his/her sexual identity disorder in the history of the White Hospital annexed to the Human University in Jung-gu Seoul, Jung-gu, Seoul, as well as on November 2, 2010, the Defendant prescribed women's Homonmon system in the Mademy department affiliated with the Human University, and around November 17, 2010, went through the operation of the Madem local transplantation surgery at the E-won located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and around November 24, 2010, suffered from the boundary personality disorder and the confusion of the sexual identity in the Seoul Regional Military Manpower Office located in Yeongdeungpo-gu, Seoul.