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(영문) 의정부지방법원 2014.03.21 2013고단3653

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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

On November 11, 2003, the Defendant had been judged to be subject to enlistment in active duty service after having undergone the draft physical examination, and had been determined to be subject to enlistment in active duty service until November 2007, but had postponed the date of military service on the grounds of study, conical signboard escape, etc. from the date of postponement of the date of military service until December 2007.

Around May 23, 2008, the Defendant received medical treatment from a doctor E in Yongsan-gu Seoul Metropolitan Government D Hospital’s psychiatrist, and received treatment from the above hospital by false or exaggerated means to the effect that “a person was unable to live outside the house by force,” “a person was attempted to commit suicide by force,” and “a father was suffering from psychological wound due to his father’s sensation,” thereby making a false statement about the Defendant’s symptoms. From that date, the Defendant was hospitalized in the above hospital from that date to June 15, 2008.

Based on the above treatment details, the Defendant issued a medical certificate for the use of illness under the name of the patient with mental symptoms at the above hospital, and submitted it to the Central Physical Examination Center for Military Manpower, and received a follow-up draft physical examination and received a decision on March 3, 2010, subject to enlistment in active duty service on March 8, 2010.

On June 15, 2010, the Defendant enlisted in active service as a supplement 102, which is located in the Yongsan-gu Incheon Metropolitan City Yongsan-gu Incheon Metropolitan City, but was unable to receive training due to extreme mental illness to the military officers, and became subject to the judgment of re-examination on July 9, 2010. < Amended by Presidential Decree No. 22134, Jul. 9, 2010>

Since then, around May 26, 2011, the Defendant issued a medical certificate for concurrent use under the name of “competence with anti-competence” at the above hospital, and submitted it to the Gyeonggi Northern Military Affairs Administration, and thereafter, issued a false or exaggerated statement about increase in tax to F, a doctor exclusively in charge of the draft physical examination, and received the determination of class 4 supplementary service on the same day.

Ultimately, the defendant issued a medical certificate for bottled employment by stating the above false or exaggerated symptoms, and judged supplementary service based thereon.