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(영문) 전주지방법원 2020.02.05 2019고단1671
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 of the final judgment.

Reasons

Punishment of the crime

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, around September 10, 2016, the Defendant had had the opportunity to receive the treatment for the transfer of name, and had the mind that the Defendant would be exempted from, or exempted from, military service obligations by pretending that there is any spacific chronological disorder on both sides.

On November 7, 2017, the Defendant: (a) at a hospital located in Yong-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), was subject to a prudent test; and (b) was issued a prudent test at a hospital located in Yong-gu (Seoul Special Metropolitan City); and (c) on January 2, 2019, the Defendant was issued a prudent test at a hospital with a prudent 79 (dB); and (d) on December 20, 2018, the instant hospital issued a prush test at the same hospital, stating the prudent 79 (dB); and (d) on January 2, 2019, the instant hospital issued the prudent 194 (dB) the prudent 14, 2019, each of the instant hospitals issued the prudent 14, 2014.

On February 19, 2019, the Defendant used a fraudulent act for the purpose of evading military service or having military service reduced or exempted by submitting a written change of military service disposition to the former regional military manpower office.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. The application of Acts and subordinate statutes on physical examination and investigation reports, medical examination reports on military service, medical examination reports, examination reports on military service and examination reports, medical records, replys to medical care benefits, military register inquiry, school life detailed records, personal dialogue records of the accused, and details of health examinations;

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

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. The following circumstances are the reasons for sentencing under Article 62-2 of the Criminal Act, and the defendant's age, character and behavior, environment, occupation, family relationship, motive and consequence of the crime, and the circumstances after the crime are committed.

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