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(영문) 부산지방법원 2019.08.29 2019고단2421

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

No person shall injure his body with the intention of evading military service or having military service reduced or exempted.

On April 24, 2013, the Defendant was judged to Grade 3 on the ground that gates, breast, etc., left her part, and her butt her part are on the part of the military service judgment conducted by Busan regional military manpower office.

For the purpose of evading military service or having military service reduced or exempted, the Defendant was issued a military service disposition subject to a call-up to social work personnel service who was rendered a judgment of physical grade 4 on November 3, 2018 due to the reason that he/she was in the entire body except face and neck in the reexamination conducted by the Busan regional military manpower office.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The written statement of the defendant;

1. Arrangement of military service records, computerized military register inquiries, physical examinations for conscription, etc., examination rules, photographs of literature, resident registration abstract, etc., organization of medical care benefits, opinions of doctors to conduct draft physical examination, advice on evasion of military service, and application of Acts and subordinate statutes of the

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

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant has damaged his body with the intention of evading military service or having military service reduced or exempted. However, it is necessary to impose the sentence as ordered in consideration of the fact that the defendant led to the confession of the crime, his mistake is divided, the defendant's age, character and conduct, criminal records, etc.