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집행유예
(영문) 서울북부지방법원 2016. 9. 21. 선고 2016고단2584 판결

병역법위반

Cases

2016 Highest 2584 Violation of the Military Service Act

Defendant

A

Prosecutor

○○ (prosecution) and ○○ (Public Trial)

Imposition of Judgment

September 21, 2016

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant shall be ordered to provide community service for 160 hours.

Reasons

Criminal facts

No person shall injure his body or commit a deceitful act with the intention of evading military service or having military service reduced or exempted.

Since the Defendant started the door to the left part of the left part and the left part of the body part from around 2009, on November 8, 201, the Defendant had been judged at Grade 3 on the ground that there was a door in the draft physical around November 8, 201, and that there was a door before the draft physical, it was well aware that there was an impact on the determination of physical grade.

Nevertheless, the Defendant: (a) was aware that friendly B was judged to 4th degree on the ground of her correspondence, and (b) was able to undergo the 4th grade judgment on the ground of her correspondence, and (c) was conducted by adding her sentences to both arms, etc., and on each bridge, on November 3, 2015, and returned back to her country on the ground of her correspondence after serving ○○○ ○○ Military Manpower Office on November 17, 2015; and (d) was reduced or exempted as a public interest service personnel on the ground of her high physical examination as a result of ○○○ regional military manpower office around the 17th of the same month.

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. Investigation reports (including output reports on data, etc. related to the A military service disposition), investigation reports, investigation reports, investigation reports, investigation reports, investigation reports (Submission of notification of the results of the draft physical examination), and notification of the results of the draft physical examination;

Application of Statutes

1. Article applicable to criminal facts;

Article 86(1) of the Military Service Act; Article 62(1)1 of the Suspension of Execution Act;

Reasons for sentencing

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Determination of sentence;

The crime of this case is an unfavorable condition that the defendant injures his body and injures his body for the purpose of having military service reduced or exempted, and the nature of the crime is bad. On the other hand, the crime of this case does not exempt the defendant from military service due to the crime of this case, but is a public interest service personnel, who is obliged to perform the duty of military service as a public interest service personnel, the defendant started correspondence with his personal help, rather than devotion to have military service reduced or exempted from military service from the beginning, and led to the crime of this case. There is a family member to support the defendant, and there is no past record of the crime except that there is only one time of having been sentenced to a fine of KRW 1 million due to assault. The punishment shall be determined as ordered in light of the above circumstances, such as the defendant's age, character and behavior

Judges Kim Jong-ok