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(영문) 부산지방법원 동부지원 2012.11.28 2012고단3824

위계공무집행방해등

Text

Defendant

AT and A shall be punished by imprisonment with prison labor for two years, and imprisonment with prison labor for one year and six months.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant AT, Defendant A, and Defendant Q’s joint criminal conduct [Violation of the Military Service Act] was determined as Grade 1 on March 11, 2009 by the Busan regional military manpower office, and on April 29, 2010, Defendant AT submitted to the Busan regional military manpower office for a change of military service disposition to be judged as Grade 2 on active duty service on the ground of disease, and was determined as Grade 2 on the ground of entrance into a university from June 22, 2010 to May 31, 2011, and the enlistment was postponed due to the reasons for applying for the qualifying examination from August 2, 201 to August 15, 2011.

Defendant

Although AT intended to postpone enlistment due to personal circumstances, while entering a hospital for reasons other than a disease, it was considered that there was no other reason to postpone enlistment, it was intended to request the defendant A, the defendant Q, who was known to the Busan regional military manpower office by having hospitalized the hospital and submitted a false medical certificate for military service to postpone enlistment, and asked the defendant A, the defendant A, and the defendant Q, who was aware of having caused a traffic accident at the same time. The defendant A, and the defendant Q agreed to postpone the enlistment of the defendant AT by having the defendant Q hospitalized the accident involving some of the defendants AT using the car with their consent.

Accordingly, on November 28, 201, at around 14:00, the Defendants suffered injury to the left-hand sloaks, etc. in need of treatment for less than 3 months by driving an AV SM5 car in which Defendant Q, along with Defendant Q, left-hand part of the above vehicle, and making the above vehicle go beyond the floor by shocking down on the top-hand sloke part of the above vehicle. Defendant AT, on November 30, 201, made a doctor AY of AX Hospital located in Jin-gu Busan, Busan, stating the cause of the outbreak in a false manner, submitted an application for a change of the date of performing the draft physical examination and military service to Busan regional military manpower office on the same day and submitted an application for a change of the date of performing the draft physical examination and military service duty to Busan, thereby enlistment on 14 days.

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