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(영문) 춘천지방법원 영월지원 2019.10.01 2019고단274
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

However, 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 June 18, 2013, the Defendant is a person liable for military service who was determined to be enlisted in active duty service (class 1 in physical examination) on 174 cm in the Gangwon regional military manpower office, 72 km in body, 23.7 m.

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

Nevertheless, the Defendant was determined as a social work personnel member by artificially expanding physical weight around October 2016, the Defendant also received a determination of a social work personnel service personnel by artificially raising the weight, raising the weight of supplementary agents, raising the weight artificially by drinking stuffing them, drinking at sea stations, and Chinese food, and submitted a revised disposition of military service to an artificial regional military manpower office around August 9, 2017 (grounds for extension of 173.6 cm around August 11, 2017, 17, 101.1 km, 101.1 g from the body, 201.3 g from the body quantity index (MI), 3.5 m. 17.3m from the body quantity to the 33.3m index (MI) (hereinafter “13m from the 173mm index”) and received a suspended disposition from the 3.3m index (MI).3m from the 173m index.

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. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the military register inquiry and physical examination screen, student health records, posting comments, etc., examination of physical examination, reading records, E dialogue records, investigation report (this results from the analysis of suspect-friendly C mobile phone digital evidence) shall be made;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences: Imprisonment for one year to five years;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. In order to have the sentence reduced or exempted, the Defendant has written a fraudulent act by increasing the weight of the body.

Such crimes are faithfully performing military service.

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