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(영문) 청주지방법원 2013.07.18 2013노378

병역법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no misunderstanding of facts with the intention of evading military service or having military service reduced or exempted.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution, and 160 hours of community service) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and evidence duly adopted and examined by the first instance court and the trial court (i.e.,: (a) although the Defendant had previously been living in the past, at least during 2010, visited the Military Manpower Administration and became aware of the fact that his body would affect the military service according to the area of the military service; (b) there seems to have been sufficiently aware that the Defendant’s correspondence and degree were an important element in the disposition of military service; (c) even after the Defendant became aware of the foregoing perception, there were wide areas of sentences and parts by discovering or supplementing additional sentences; and (c) the Defendant applied for change of a military service by himself on the ground of his wording who received physical grade II judgment on March 13, 2012, and applied for reduction of or exemption from the military service on the ground of his new physical examination on April 26, 2012, and thus, it appears to have been widely known that the Defendant’s new purpose, other than those of the lower court’s new military service provision or new text, could not affect the Defendant’s body.

참조조문