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(영문) 대구지방법원 경주지원 2015.09.10 2015고단475

병역법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 September 19, 2008, the defendant was judged as physical grade II through a physical examination by the Daegu-gu regional military manpower office located in Dong-gu, Daegu-gu, Dong-gu, 2008, and was assigned to active duty service, accordingly.

After that, on November 15, 2013, while the date of performance of the duty of military service was postponed several times on the grounds of illness, qualification examination, employment, etc., the Defendant came to know that he could undergo a physical grade 3 when he was judged as physical grade 3 due to a letter that was undergone a physical examination by the above Military Manpower Administration, and that he could undergo a lower physical grade 3 due to a letter that was undergone a physical examination by the above Military Manpower Administration, he was aware that he could undergo a physical grade 3.

On May 22, 2014, the Defendant: (a) received an additional sentence on both arms from a person who was unaware of the name of the fatherland’s nationality at a cross-disceptur room near the business bus terminal located in the south-gu Mapo-dong, Mapo-dong, Mapo-dong; and (b) submitted to the Military Manpower Administration for a reexamination to undergo a new physical examination; (c) received physical Grade IV and received a disposition of replacement service (social work personnel) accordingly.

Accordingly, the defendant injured his body with the intention of evading military service or having military service reduced or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. B Fact-finding certificates;

1. Investigation (a) report, examination (a certificate of exclusively responsible fact), reporting (a physical examination-related records), investigation (a summary of suspected military service records), investigation (a report), investigation (a document related to postponement of the date of mandatory military service), investigation (a document related to processing of the date of compulsory military service), reporting (a person who has failed to apply for the qualifying examination), investigation (a person who has failed to make an examination and reporting, and reporting on an investigation (a person in a period of service);

1. In the military register inquiry, physical examination inquiry, second psychological examination results, notification of the results of physical examination for conscription, deliberation by the deliberative committee on determination of local physical disorder, details of the disease outbreak, summary of the suspected military service records, output of the next generation military service administration system (the date of enlistment, February 10, 2009), one medical certificate, and the next generation.