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(영문) 서울남부지방법원 2016.03.17 2015고단3901

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 10, 2009, the Defendant applied for postponement of enlistment three times from the time when he was classified as a person subject to enlistment in active duty service after being classified as a result of a draft physical examination conducted by the Incheon Regional Military Manpower Administration located in Nam-gu Incheon Metropolitan City on November 10, 2009, and from the time when he was classified as a person subject to enlistment in active duty service. On June 12, 201, the Defendant applied for a re-examination on the ground that he was injured and performed a surgery on around 201, which was a professional camping player. On June 12, 2014, the Defendant applied for a re-examination on the ground that the extension was measured at 171cm in the re-examination conducted by the Incheon Regional Military Manpower Administration on June 12, 2014, and was classified as a person subject to a kidy and dysty measurement.

Therefore, the Defendant intentionally attempted to kill by means of increasing the amount of meals since June 12, 2014. On July 25, 2014, as a result of a kidne measurement conducted by the Incheon Regional Military Manpower Administration on July 25, 2014, the physical weight decreased to 103 km, and as a result, was classified as a subject of measurement for re-kidney, and the body weight was reduced to 103 km. As a result of a kidne measurement conducted by the Incheon Regional Military Manpower Administration on October 8, 2014, the Defendant intentionally saw the food volume to increase thereafter, and eventually, the Defendant was classified as a subject of social service personnel after being judged to be subject to a physical grade 4.

As a result, the defendant intentionally committed a fraudulent act that intentionally lives with the intention of evading military service or having military service reduced or exempted.

Summary of Evidence

1. Partial statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Pest notices;

1. Inquiries for each military register;

1. As to the Defendant’s assertion of the investigation report (the report on the confirmation of the new head and the BMI index by the BMI) by the body, the Defendant’s defense counsel in 201.