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(영문) 부산지방법원 2016.12.08 2016고단6779
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 28, 2009, the defendant was assigned to military service in Busan regional military manpower office as a person of Grade III in active service.

In 2010, the Defendant became aware of the fact that he could avoid enlistment in active service or be punished for evading enlistment if he reaches the entire body through her pro-Japanese and her sibling around 2010.

Accordingly, the Defendant, even though having not applied for a university and a skill test or a state notice from around 2010 to 201, was done as if he applied, and delayed enlistment for about 400 days on three occasions due to a false ground. During the same period, the Defendant was in the entirety body of the Defendant, by using machinery injecting approximately 20 times in the D market near Busan Jung-gu Seoul Metropolitan City, using a machine infinite and over 20 times at the D market.

After all, on December 23, 2015, the Defendant was issued a disposition of military service call-up to social service personnel on the ground that there was a high level of correspondence in the draft physical conducted by the Busan regional military manpower office located in Suwon-gu Busan regional military manpower office through telegraph.

Accordingly, the defendant was physically damaged for the purpose of evading military service duty or having military service reduced or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the local physical examination deliberation committees, physical examination inquiries, military register inquiry reports, and investigation reports;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to inflict bodily injury upon a person’s body for not serving as active duty servicemen. The crime of this case is not good, and the defendant is practically evading active duty service because it is impossible for them to enlist in active duty service again. In particular, the defendant has committed the crime of this case planned and intentional for a long time while delaying enlistment due to falsity, and should correct the fear of evading military service.

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