병역법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) the Defendant had proved without any reasonable doubt as to the facts charged in the judgment below, despite the Defendant’s explanation of his symptoms and obtained diagnosis, with the intention of evading military service under Article 86 of the Military Service Act or having military service reduced or exempted.
For the reason that it is difficult to see that the defendant was acquitted, the judgment of the court below is erroneous in misunderstanding the facts and misunderstanding the legal principles.
2. Determination
A. On November 10, 2009, the Defendant, who was determined to be enlisted in the second-class active duty service by the Incheon Gyeonggi Military Manpower Administration, delayed enlistment due to mental illness, such as a boundaryal intelligence, apprehension, personality disorder, activity disorder, and the ability of care disorder, and had a mind to be exempted from military service by pretending to a mental patient.
On February 9, 2011, the Defendant, at Agju University Hospital on Agju around February 9, 201, stated that “Agju’s University Hospital does not have shock control, and did not attend middle school, and farged the farb to the farg.
“Along with the long-term disability,” the symptoms of “fresh, language development delay, and ADD,” were diagnosed as “freshivity, unstable personality, activity, and the ability of care,” and, around August 27, 2013, the State University Hospital of the Republic of Korea showed a knife act in a knife at the university hospital of the Republic of Korea, and tried to kill without any change in the symptoms, and to put a knife with a knife with a knife with a knife with a knife with a knife.
I am special. I am special. I am special. I am special.
“A person suffering from mental illness for a long time and has not been able to live a normal life due to the lack of care,” and received diagnosis of such mental illness with the above content as if he/she were unable to live a normal life.
Accordingly, on December 11, 2013, the Defendant was judged to be eligible for convening the fourth class social service personnel around December 11, 201, and around September 11, 2014.