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(영문) 인천지방법원 2019.09.26 2019고단5018

병역법위반

Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

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, the Defendants conspired to reduce military service by undergoing a close physical examination on behalf of Defendant B, using the fact that Defendant B was subject to class 4 of physical grade due to Defendant B’s physical grade and became subject to the call-up to social work personnel service.

On February 11, 2019, the Defendants received the examination of the waste function performed by the “D Hospital” located in the Incheon Southern-gu Incheon Metropolitan City, with respect to Defendant A, and, on February 18, 2019, the MBPT (A) performed by the same hospital with respect to Defendant A as Defendant A. As a result, Defendant A was subject to the examination by the same hospital on February 21, 2019, and submitted the results of the examination of the “astronomical training” to the Incheon Military Affairs Branch Office to obtain the determination of physical grade 4 due to the “astronomical disease.”

As a result, the Defendants conspired to commit a fraudulent act for the purpose of evading military duty of Defendant A or having military duty reduced or exempted.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of witness by the police officer in relation to E, F, G, and H;

1. The results of each investigation report and attached documents of each military register, copies of inquiries about each physical examination, applications for exemption from military service change, copies of diagnosis documents for each military affairs, copies of each medical record book, results of each video examination, results of each closed function examination, each MPTPP P20 calculation formula, results of each entrusted examination, results of each entrusted examination, MPTPP P20 calculation formula, 1, 2 closed function tests, and mertain test, comparison of the results of the external entrusted examination;

1. Application of Acts and subordinate statutes governing the place of documentary records of each issue;

1. The Defendants under the applicable law as to criminal facts: Article 89 of the Military Service Act and Article 30 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A of the community service order: In light of the motive, method, etc. of the instant crime committed by deception to reduce or exempt the duty of military service for the reason of sentencing under Article 62-2 of the Criminal Act, the crime is very poor.

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