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(영문) 부산지방법원 동부지원 2018.01.17 2017고단2309
병역법위반
Text

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

Reasons

Punishment of the crime

On October 13, 2016, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Automobile Management Act at the Busan District Court around Busan District Court on October 21, 2016, and the said judgment became final and conclusive on October 21, 2016.

Criminal facts

On November 7, 2005, the Defendant was subject to a disposition of enlistment in first-class active duty service at the Busan Military Manpower Administration, and was notified on August 15, 2009 that he was going to leave the university, which was going on August 15, 2009, while the date of enlistment was postponed on the grounds that he was enrolled in the university.

The defendant knew that D, who attends the same church as the previous church, was exempted from military service due to his early illness, and found D about D's answers such as clinical psychology tests to diagnose the symptoms of early illness and early illness, and tried to get the exemption from military service after using D's answers.

Therefore, on October 22, 2009, the Defendant complained of the symptoms as if he was the early-time patient with the mental department of the Busan Sungdong-dong, Busan, which had been 10 days prior to his entrance. On October 27, 2009, the clinical examination conducted at the above Busan Sungdong-dong, also conducted as if he was the early-time patient with the early-time disease, and thereafter, the Defendant was diagnosed with Cho Jong-sung (the after-round the time after the after-round the time after the after-round the time after the after-round the time after the after-round the time after the after-round the time after the after-round the time after the medical certificate stating the "complication of editing mental division" was submitted to the Busan Regional Military Manpower Administration, and delayed the performance of military service by extending the second time on October 20, 2010.

On November 22, 2010, when the Defendant filed an application for military service change or exemption with the above Busan Regional Military Manpower Administration, the Defendant submitted a medical certificate for military service use stating the name of the “satise mental delay and mental division” issued by the doctor in charge of the above Sung-si Hospital, but was subject to the past observation twice (six months, four months). After receiving a close inspection from an external institution, the Defendant was subject to a close inspection from the medical department of the Han-do National University Dental Hospital on January 17, 2012.

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