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(영문) 울산지방법원 2019.06.20 2018고단3050
병역법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. No person prosecuted shall injure his body or use a fraudulent act with the intention of evading military service or having military service reduced or exempted;

On July 23, 2017 to August 8, 2017, the Defendant intentionally increased the body and received a disposition of call-up to class 4 social work personnel, knife food, etc. with a large amount of knife food, etc., and submitted a changed military service disposition to the Military Manpower Administration on October 23, 2017.

On October 31, 2017, the Defendant was measured at the Busan regional military manpower office 176.6 cm, 105.2 km and BMI 3.7, and thus suspended disposition as the Defendant constitutes a person subject to a kidyne measurement. On November 29, 2017, as a result of a kidyne measurement around 175.8 cm, 106.5 cm, BMI 34.4 cm, and became subject to the call-up to social work personnel service.

Accordingly, the defendant has damaged his body with the intention of evading or being exempted from military service.

2. In order to recognize the facts charged as it is, the defendant must prove that he increased the weight of body with the intention of having military service reduced or exempted.

According to evidence, on November 27, 2012, the Defendant was determined to be subject to enlistment in active service after being measured at 76 km at the time of the first physical examination in the military on November 27, 2012, but was determined to be subject to enlistment in active service on several occasions, after submitting a revised military service disposition on October 2017 and undergoing a re-examination on the date of postponement of enlistment, the Defendant was judged to be Grade 4 at 105.2km with the increased amount of 29 km. On September 6, 2017, 2017, the Defendant re-checked with viewers on the Internet broadcasting, stating that he would not want to go to go to the military during the broadcast, such as " how to calculate BMF necessary for the reduction of military service duty" and " how to deduct 6 km." On May 5, 2018, the Defendant recognized the reduction of the weight by 93 km.

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