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(영문) 대전지방법원 천안지원 2015.03.20 2015고단36
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Around June 2006, the Defendant, despite having graduated from a middle school course at the Dong-si Middle School in China, did not enter a middle school with the knowledge that he was about the fact of his overseas academic background through the Ministry of Foreign Affairs, and did not enter the middle school in the “written confirmation on the fact of overseas academic background,” “written consent to issue a certificate,” and “written consent on the academic background,” which was requested by the Seoul Regional Military Manpower Office, with the knowledge that he was about the fact of his overseas academic background through the Ministry of Foreign Affairs, and submitted a false academic background to the Seoul Regional Military Manpower Office and received the second citizen service judgment on September 25, 2009.

Accordingly, the Defendant committed such a fraudulent act with the aim of evading military service.

Summary of Evidence

1. Defendant's legal statement;

1. Military register inquiry, military administration system, each person liable for military service, the result of the inquiry into overseas academic background, the results of the inquiry into overseas academic background; 1. Application for change or exemption from military service, a confirmation of the fact regarding overseas academic background, a written consent to issue a certificate, and a written statement

1. Application of Acts and subordinate statutes to academic certificates, academic certificates, and academic certificates;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for sentencing”) of the Act on the Suspension of Execution refers to: (a) the Defendant voluntarily reported the crime to the Military Manpower Administration to be enlisted in active duty service; (b) the obligation to perform military service between time and time; and (c) the fact that there is no particular history of punishment in the past, etc., should be actively considered in favor of the Defendant; and (d) the sentence should be

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