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(영문) 대전지방법원 2013.12.11 2013고단3847

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 became final and conclusive.

Reasons

Punishment of the crime

On April 8, 2010, the Defendant is a person in active duty service who was judged at physical Grade III by a draft physical examination conducted by the Daejeon regional military manpower office.

On August 2012, the Defendant: (a) listened to the horses that kitheme, a multi-preventive medicine, can be judged as physical grade 4 if a physical disorder occurs due to the expansion of the kidles from the kidles in the snow; and (b) tried to reduce military service in a way that kids theme in the eye and disguises the kidles, thereby pretending that the kidles may be judged as physical grade 4.

On September 30, 2012, the Defendant: (a) at public toilets in public toilets in public toilets in public toilets in the park located in the Chungcheongnam-gu budget, the Defendant: (b) sent out drugs included in the kiste, which were purchased at a pharmacy, to the right side of the pharmacy at the end of his/her loss; (c) made a false statement to the effect that he/she was provided with medical treatment at a hospital located in Daejeon-gu, Daejeon; and (d) made a false statement to the effect that he/she was able to satch by credit; and (e) on October 2, 2012, upon receiving re-medical treatment in the same manner as at the above hospital, requested the medical doctor F to issue a medical certificate for medical treatment, and was issued a medical certificate for medical treatment under the name of “Dongsan-gu,” and then issued the medical doctor

On the same day, the Defendant submitted a medical certificate for military use, which was issued as above, to the Daejeon-nam regional military manpower office located in the Daejeon-gu Seoul regional military manpower office, received a physical examination and received a judgment subject to the reexamination, and subsequently temporarily increased the military service, and received a medical examination and treatment report on Nov. 23, 2012 and Apr. 9, 2013, issued a medical examination and treatment report after temporarily growing the military service. On Apr. 9, 2013, the Defendant submitted the medical examination report to the Daejeon-nam regional military manpower office and received a physical examination, and received a judgment of physical grade Grade IV on the ground of a disability in controlling the right eye by undergoing the physical examination.

Accordingly, the defendant damages his body or commits a fraudulent act with the intention of having military service reduced or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement of witness to the police of I and F;

1. Written Statement 1.