beta
(영문) 인천지방법원 2013.10.15 2013고단4545

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 April 4, 2006, the Defendant is a person subject to enlistment in active duty service who was judged at physical grade II after undergoing a physical reexamination by the Incheon Regional Military Manpower Office.

In order to major in light of the light music in 2006, the Defendant came to know that the Defendant could be exempted from military service on the ground of mental illness through Internet search such as the former Military Manpower Administration and the Military Manpower Administration homepage, etc. while entering a university to live a normal life, and delayed enlistment in active duty service due to the preparation for the national notification, etc., the Defendant used the fact that he could be exempted from military service.

In order to evade enlistment in the active service, the Defendant was issued a medical examination for the military service use of the name of “other non-specific mental disorder” around November 9, 2009 and submitted to the said Military Manpower Administration on the purpose of evading enlistment in the military service, and was determined as being subject to Grade VII reexamination on the physical grade as a mental disease of Grade VII as a result of the reexamination of military service in the military hospital located in Jung-gu Incheon Metropolitan City from October 9, 2009 to November 9, 2009.

Accordingly, the Defendant, from November 16, 2009 to the F Hospital located in Bupyeong-gu Incheon Metropolitan City, complained of symptoms such as exchange, damage, etc., and was receiving medical treatment at the F Hospital, issued a medical examination for military service under the name of “mental divided disease” around May 4, 201 and submitted it to the Military Manpower Administration on January 6, 201, and was subject to a disposition for the second citizen service of physical grade 5 to the second citizen service of physical grade 5 due to mental fission.

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 to G, H, I, and J;

1. Investigation report (report on the output of evidential documents of military service disposition, reporting on the results of analysis of military service records; reporting on the confirmation of entry into and departure from Korea; records of departure from a D hospital out of Korea; the results of inquiry of a tax office having jurisdiction over income data; and the

1. A medical certificate of medical service, a copy of medical records (F hospital, D hospital), and