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(영문) 부산지방법원 동부지원 2018.12.13 2018고단1991

병역법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A major in March 2013, after graduating Liber high school (Berkely Hemh Schlool) in the Philippines, was in the third year of Saindo University (Saindouis Univity) in the Philippines at the time of 2016, and Defendant B is the relative of Defendant A.

Defendant

B, on February 2016, based on the fact that a person with less than a high school graduate could become a replacement (social service personnel) and proposed that he/she be pretended as having graduated from an elementary school only, and the defendant A consented thereto.

Defendant

A around March 3, 2016, at the Gyeongnam Regional Military Manpower Administration located in Changwon-si, and after undergoing a physical examination, A stated that he/she graduated from an elementary school in the final academic achievement column (Sadaist Capt Captian Acasty graduated), on June 26, 2016, submitted to the said Military Manpower Administration a written statement of academic achievement under high school graduates, a written confirmation of facts related to overseas academic achievement, and a written consent to issue a certificate, and Defendant B was subject to a disposition of replacement service (social service personnel) by the said Military Manpower Administration around April 28, 2016.

As a result, Defendants conspired to commit a fraudulent act for the purpose of having military service reduced or exempted.

Summary of Evidence

1. Defendants’ respective legal statements

1. Inquiries on military register, military service standards, written public notices on disposition of supplementary service for educational reasons, written academic records, written educational achievement statement, written guarantee for personal education in a foreign country, reply to the national registration return, inquiry of whether a person is registered abroad, inquiry of whether a person is registered abroad, inquiry about overseas academic background, entry or departure, verification of overseas academic background, reply to inquiries about overseas academic background

1. Article 86 of the Military Service Act, Article 30 of the Criminal Act concerning criminal facts;

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant B: Defendant A with the intention of having the Defendants’ reasons for sentencing Article 62-2 of the Criminal Act reduced or exempted the duty of military service in collusion.