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(영문) 대구지방법원 2019.01.25 2018고단5273

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

However, 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

The Defendant, from around July 2004 to around December 2009, read her face door to the left leg, she was judged to be subject to enlistment in Grade III on the ground of “scams, etc. caused by correspondence or self-harm” in the draft physical examination conducted by the Seoul District Military Manpower Office on July 1, 2009. At the time of the draft physical examination, the Defendant provided an explanation from the person in charge of the draft physical examination to the effect that “a person was subject to enlistment in Grade III for the purpose of evading active duty service, and is subject to criminal punishment if he is a person for the purpose of evading active duty service.” In addition, the Defendant was aware that there was an excessive sentence that the Defendant received the above Grade III decision, and thus, the Defendant could have become aware that he was exempted from military service upon additional correspondence.

Nevertheless, around 2011, the Defendant added a large number of letters to the telegraphs from around 2011 to around 2017, by inserting English letters, respectively, on the right edges of a bridge around 2011, such as sub-delivery, buckbucks and spacks, and visual letters on the chests around 2012, on the chests, and on the bridge around 2013, on the bridge, and on the right edges around 2014, on the bridge, around 2014, around 2016.

After that, on April 23, 2018, the Defendant was judged to be subject to call-up to class 4 social work personnel service on the ground of telegraphic high-level correspondence in response to the draft physical at the Daegu Northern District Military Manpower Office.

Accordingly, the defendant injured his body with the intention of having military service reduced or exempted.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Military register inquiry, physical examination inquiry, written opinion exclusively in charge of the draft judgment, photographs of previous newspapers, certified copy or abstract of resident registration record cards, copies of each psychological examination, and application of the C-printed Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Order of community service;