병역법위반
A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 18, 2005, the Defendant is a person subject to enlistment in active duty service who was judged at physical grade I by the Incheon Regional Military Manpower Office.
On 206, the Defendant was aware of the fact that he could be exempted from military service on the grounds of mental illness through Internet search such as the Military Manpower Administration's homepage while living a normal life, and that he could not be exempted from military service.
In order to evade enlistment in the active service, the Defendant filed a medical examination for military service use under the name of the hospital called "complication of editing mental disorder" with the aim of evading enlistment in the military service from December 18, 2008 to January 12, 2009, and submitted a medical examination for military service assignment to the Military Manpower Administration on January 13, 2009, and was determined as being subject to Grade VII reexamination of physical grade as a mental disease.
Accordingly, from February 18, 2009, the Defendant complained of and received treatment for symptoms, such as summons, damage, etc. from the National Assembly members located in the Nam-gu Incheon, Nam-gu, Incheon. On September 30, 2009, the Defendant issued a medical certificate of use of the disease under the name of “mental divided disease” and submitted it to the Military Manpower Administration for the examination of use of the disease to undergo the second citizen service of physical grade 5 due to mental division.
As a result, the defendant submitted a false diagnosis to the Military Manpower Administration for the purpose of having military service reduced or exempted.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to G, H and I;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 86 of the Military Service Act concerning criminal facts;
1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the first and second violations and the performance of military service duty) or more.