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(영문) 수원지방법원 성남지원 2019.05.15 2019고단474

병역법위반

Text

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

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

No person shall commit a deceitful act with the intention of having military service reduced or exempted.

Nevertheless, on June 21, 2017, after undergoing a reexamination of physical grade 2 at the regional military manpower office, which was located in Suwon-si, Suwon-si, 120, and became a person subject to enlistment in active service after being judged in physical grade 2, the defendant increased the weight of the body to 104.2kg for the purpose of having the military service reduced and exempted, and the defendant was judged in physical grade 4 through a physical examination conducted by the regional military manpower office, which is the above regional military manpower office on October 18, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. A statement made by a special judicial police officer in B;

1. Search screen of the physical examination;

1. Civil petition documents filed on December 15, 2015, for which the enlistment date of the shooting group is postponed, and 2017;

9. 1. Civil petition documents filed by the Director of Military Service Change;

1. Application of the laws and regulations on the dialogue between the suspect and CD, the suspect and ED dialogue content, the suspect and FD dialogue content, the suspect and G D dialogue content, the suspect and HD dialogue content, and the suspect and HD dialogue content content.

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do149, Apr. 1, 201; Supreme Court Decision 201Do139, Apr

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is directly linked to national security, such as causing disturbances to the national military service that seeks to assign military manpower to the loading station and undermining the morale of soldiers who do not have any belief in performing the duty of military service. As such, it is necessary to have a great degree of harm and injury to society if it is met.

However, the defendant has no record of criminal punishment, and the defendant repents his mistake, and the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.