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(영문) 인천지방법원 부천지원 2013.12.04 2013고단2927

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2003, the defendant is a person in active duty service who was judged physical Grade III by a draft physical examination conducted by the Incheon Regional Military Manpower Office.

In around 2005, the Defendant came to know of the fact that the “KIKO”, which is a multi-malone, is growing as a side effect, and used this fact and tried to reduce or exempt the duty of military service by pretending it as an obstacle to the same public movement.

On May 8, 2010, the Defendant, at the Defendant’s house, temporarily increased the kitheme by affixing the “KIKO” component, which was purchased at the pharmacy located in the place where the house was located, to the end of the hand, on the left side. On the same day, the Defendant was provided medical treatment to the “D Hospital” located in the Won-gu Seoul Special Metropolitan City and the “F Hospital” located in the Won-gu Seoul Special Metropolitan City in the Gyeonggi-si Special Metropolitan City. On the same day, the Defendant was provided with medical treatment to the “D Hospital” and the “F Hospital” located in the Won-gu Special Metropolitan City in the Gyeonggi-si Special Metropolitan City. As above, the Defendant concealed the kitheme and Gh

On November 24, 2010, the medical certificate and medical records, etc. issued to the above hospital under the name of the sick "True" issued by the above hospital from the Incheon Gyeonggi Regional Military Manpower Office in the same way as at November 24, 2010, were submitted to the effect that he/she met the eye of snow, and was judged as physical grade 4 by the above Military Manpower Administration on January 6, 201 after undergoing a reexamination for the reexamination, and was judged as physical grade 4 on the grounds of the East Military Manpower Administration disorder.

Accordingly, the defendant damages his body or commits a fraudulent act with the intention of having military service reduced or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. A report on investigation (the report on the side effects of the KIKO) (the prevention and treatment system referred to in the KIKO);

1. Application of statutes to doctors in exclusive charge of draft physical;

1. Article 86 of the Military Service Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant damages his body in order to have his military service reduced or exempted, which is the basic duty of the people, and the nature of the offense.