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(영문) 창원지방법원 2018.11.08 2018고단2478
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

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

On November 25, 2014, the Defendant conducted a physical examination at the military affairs branch office of the Gyeonggi-do branch office of the military affairs branch of the military branch of the military branch of the military branch of the military branch of the military branch of the military branch of the military branch of the military branch of the military branch of the military branch of the military branch of the military branch of the government on November 25, 2014, 171cc for further training, 77cc for the body, and 26.3 for the body, the Defendant was judged to be subject to enlistment in the second grade of the military branch of the military branch of the military branch of the military branch of the military branch of the military branch of the military branch of the military branch of the military branch of the military branch. On June 2016, the Defendant was aware that he could undergo a disposition of replacement service if 33 days or more for reasons of the military service of the military branch of the military branch of the military branch of the military branch of the military branch.

The Defendant intentionally increased the weight of the body by intentionally increasing the quantity of food for the purpose of military service exemption by increasing the weight of the body from around June 19, 2016 to December 2016, and submitted a military service disposition changeer on December 19, 2016, and received a draft physical examination conducted by the Gyeongnam District Military Manpower Administration located in 13 250 km from the center of the window of Changwon-si on December 19, 2016, as a result of the military service examination conducted by the Gyeongnam District Military Manpower Administration around December 19, 2016, and was judged as being in supplemental service of Grade IV (persons eligible for social service) such as physical parts.

Accordingly, the defendant has damaged his body or committed a fraudulent act for the purpose of having military service reduced or exempted.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. An inquiry report on military register;

1. A physical examination report (including photographs at the time of the physical examination), a physical examination report for employment of a creative health center, and a C hospital examination report;

1. Application form for the change of assignment of military service (No. 24 No. 1133);

1. Application of the Acts and subordinate statutes governing the recording of a record of counseling center for military affairs by date;

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

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for mitigation of amount of punishment (the first offender who has no criminal record and has a depth of mistake.)

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