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(영문) 서울북부지방법원 2016.08.31 2016고단1784
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On August 7, 2015, the Defendant is a person without military service who was enlisted in active duty service at the 175cc Military Manpower Administration of Gyeonggi-do, 95ccg of body, 200cc of body weight index (BMI) 31 (Grade 3 judgment of physical examination).

No person shall flee, conceal his/her whereabouts, injure his/her body, or use a deceitful act for the purpose of evading military service or having military service reduced or exempted.

Nevertheless, on October 14, 2015, the Defendant became aware of the fact that he may be judged as social service personnel if he increased the weight of the body through his father around 2015. For the purpose of being determined as class 4 social service personnel of the above 4th grade, such as body, etc., by artificially raising the weight of the Defendant’s house located at Dobong-gu, Seoul, 103 Dong 904, and not performing an election campaign. Around November 14, 2015, the Defendant submitted a revised military service disposition to the above Military Manpower Administration (the grounds for extension), and received a revised military service disposition (the grounds for extension 174.4cm around November 19, 2015, 102.5cm from the body, 103.4cm from the body, 10.4cm from the body, 3.4cm from the body, 13.4cm from the surface of the Defendant, 13.4cm from the 19.3m of the body (M).

Accordingly, the Defendant committed a fraudulent act with the intention of evading military service duty or having military service reduced or exempted.

Summary of Evidence

1. Partial statement of the defendant;

1. A notice of a list in a daily newspaper;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Article 62 of the Criminal Act;

1. Sentencing sentencing criteria under Article 62-2 of the Social Service and Criminal Act: Imprisonment with prison labor for a year: One year/ suspended sentence; two years; and a person whose community service work is increased by 240 hours: A person who has no record of punishment; a person who has no record of military service performance, etc.;

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