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(영문) 대전지방법원 2018.05.17 2018고단773
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

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

Nevertheless, on September 2017, 2017, the Defendant: (a) was aware in advance of the criteria for physical grade 4 (less than 20 if it is a index indicating BMI visa, classified as below 17) based on a kidy kidy (in which it is less than 20, it is classified as below 17) and was judged as having received class 4; (b) intentionally reduce the weight by means of drinking foods and water less food, and (c) intentionally reducing the weight on November 22, 2017; and (d) was determined by the chief prosecutor of the Daejeon District Military Manpower Administration in the Daejeon District of Daejeon, Chungcheongnam-gu, Daejeon, 167.6 cm at the time of a military service judgment at the time of a military service examination at the center of Daejeon 16 cm, 45.5 km; and (e) was measured as a ground for postponement of physical grade 16.16 cm and 6.4 cm on December 16, 2017.

Accordingly, the defendant has damaged his body and written a fraudulent act with the aim of having military service reduced or exempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the commencement of internal investigation (the Military Manpower Administration's physical examination inquiry, examination rules, such as draft physical examination, and examination rules for military service judgment);

1. Article 86 of the Military Service Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The confession, reflection, expression of intention to perform the duty of military service, portrait, etc.);

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