beta
(영문) 대구지방법원 2013.09.26 2013고단3905

병역법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six 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 evading military service or having military service reduced or exempted.

Nevertheless, on April 23, 2009, the Defendant issued a written disability diagnosis to the effect that he is a mentally disabled person 3 at an E Hospital located in Gangnam-si D, and submitted the above disability diagnosis report at the community service center located in Chungcheongnam-si, Chungcheongnam-si, and completed the registration of the disabled at around 24th of the same month, and the same year.

6. A disposition of the second citizen service was rendered by submitting a change in assignment of military service to the Daegu regional military manpower office.

However, the defendant does not have any content related to mental illness in the register of life of elementary schools, middle schools and high schools, from around 200, drive a motor vehicle from around December 29, 199, acquired the qualification as a construction site technician on December 29, 199, acquired the qualification as an electrical construction technician on July 2, 2002, issued a Class-II driver's license on June 17, 2002, issued a Class-II driver's license on October 23, 2006, and issued a Class-II driver's license on October 23, 2006, from around February 22, 2008.

8. A credit business from the date of July 3, 2009 to April 23, 2009; (b) around October 15, 2008, the hospital related to mental illness was not a hospital related to mental illness, but a hospital related to mental illness after June 8, 2009, including credit business from the beginning of June 201 to October 8 of the same year, and was issued a written diagnosis of disability by deception as if the hospital was a mentally disabled person.

Accordingly, the defendant has written a fraudulent act with the aim of evading military service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to G on the preparation of a statement of the special judicial police officer;

1. Each investigation report, summary of the results of the verification of military service records, etc., documents for registration of persons with disabilities, etc., records of the Health Insurance Corporation, opinions of the doctor exclusively in charge of the draft physical, and initial/second/high school life records; and