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(영문) 대구지방법원 서부지원 2018.10.31 2018고단893
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 becomes final and conclusive.

Reasons

Punishment of the crime

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.

On September 11, 2014, the Defendant: (a) was determined at Grade 3 of physical grade 174 cm in height and 51 km in physical weight (BMI) index 16.8; (b) but (c) was determined at Grade 7 in physical grade due to a mental disease on March 13, 2015; and (d) was determined at Grade 3 of physical grade due to a mental disease on March 13, 2015.

On March 19, 2015, the Defendant became aware of the fact that the physical grade 4 (BMF) index was changed from less than 16 to less than 17, through Internet search and telephone consultation with a civil petition counseling center for military affairs, etc., the Defendant rendered a judgment of physical grade 17cc or below the physical grade 4 by artificially causing snow death by artificially reducing thirst or thirthing off the body grade from around October 2015, the day before the month when the physical examination was conducted for the purpose of having military service reduced or exempted. From around 105, 1403, the Defendant’s residence, etc. of the Defendant, Daegu Seo-gu Seoul Metropolitan City B apartment No. 105-gu, and 1403, which was 56 km or more, around March 19, 2015, at least 5 km, from the body grade 172Cm or 50k, 504g, or 16th, etc. of social personnel.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. C’s statement;

1. The contents of a national newspaper report, a printed copy of military register, a printed copy of the result of a determination of military service, a report on internal investigation (the result of review of the record of counseling on a suspect's civil petition), an investigation report (the confirmation of the change of disposition of military service), an application for change or exemption from military service, an investigation report (the report on the criteria for physical grade based on the new body), an investigation report (the report on collection of relevant data from the suspect body), reply to the information on blood donation of a suspect, and a reduced medicine (e.g.,

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