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(영문) 광주지방법원 2017.07.13 2017고단1736

병역법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Majority-related relationship] On April 14, 2017, the Defendant was sentenced to imprisonment for one year and two years of suspended sentence on April 22, 2017 for a violation of the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Business Operators) at the Gwangju District Court.

[Criminal facts] No person without military service shall injure his body for the purpose of evading or being exempted from military service.

Nevertheless, from around 2009, the Defendant had been engaged in a grammology on the left-hand body, and had been trying to evade active service even though he was subject to enlistment in active duty service by adding a high level of grammology to the body before undergoing a military service judgment in 2016.

On January 28, 2016, prior to undergoing a military service judgment examination by the chief prosecutor of the Military Manpower Administration in Gwangju regional military service on January 28, 2016, the Defendant rendered a high level of correspondence between the body and the entire distribution of the body by directly performing a sentence on the defendant's chest, etc., on the right bridge, such as the defendant's chest, etc., or by performing a sentence through a literature practice operator, and accordingly, received a decision of Grade IV on January 28, 2016 from the chief prosecutor of the judgment of the Military Manpower Administration in Gwangju regional military service and received a disposition of military service personnel called for social service personnel.

Accordingly, the defendant injured his body for the purpose of evading and evading military service duty.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. An inquiry report on military register;

1. The order of literacy photographs and literary treatment;

1. His/her previous offense relation: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment of the judgment attached), and a copy of the judgment attached thereto (the defendant and his/her defense counsel asserted that the defendant was merely engaged in cosmetic for beauty purposes

However, according to the defendant's statement made by the police, the defendant gradually expanded his letter after making his letter to the left-hand side at the second year of middle school, and the defendant changed his letter to the telegraph at the time of the second or third year of high school.