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(영문) 서울서부지방법원 2018.08.29 2018고단1082
병역법위반
Text

Defendant

B A person shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The criminal history of Defendant B;

A. The Defendant is a person who served as a school principal in C Middle High Schools, and D is a person with no military service who graduated from C High Schools on June 20, 2015.

No person without military service shall commit any deceitful act with the intention of evading, having military service reduced or exempted.

Nevertheless, the Defendant and D entered a domestic student, including D, who is not subject to entrance in a junior high school, has become a social problem and received a formal leave of absence from a national student, including D, to evade or be exempted from military service by deceiving the academic background. D, around October 24, 2016, subject to a military service judgment by the chief prosecutor of the Incheon Conscription Military Affairs Branch, after undergoing a military service judgment examination by the chief prosecutor of the Incheon Conscription Military Affairs Branch, stated his academic background as “C high school graduates from the first grade year and graduate from a lifelong education center.” On October 25, 2016, the Defendant received a request from the Incheon Military Affairs Branch Office to verify D’s academic background as a person subject to military service from the Incheon Military Affairs, and prepared a false certificate of military service among those who retired from the first grade year and retired from the office of the above school principal on October 27, 2016, and then submitted the certificate to the head of Incheon Military Affairs Administration (hereinafter referred to as “Seoul Military Affairs Branch”).

As a result, the Defendant conspired with D to commit the above fraudulent act for the purpose of having military service reduced or exempted.

B. The Defendant is a person who served as the principal of the C Middle High School; E graduated from C middle school on June 20, 2014; C middle school on March 3, 2017; C middle school on March 3, 2017; and F is a mother of E.

No person without military service shall commit any deceitful act with the intention of evading, having military service reduced or exempted.

Nevertheless, the defendant and E are at C Middle High Schools.

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