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집행유예
(영문) 서울남부지방법원 2015.4.22.선고 2015고단787 판결
병역법위반
Cases

2015 Highest 787 Violation of the Military Service Act

Defendant

○○ (95-years, South Korea)

Prosecutor

Freeboard (Lawsuits) and Maternity (Public Trial)

Imposition of Judgment

April 22, 2015

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal History Office

No person shall injure his body with the intention of evading, having military service reduced or exempted.

Nevertheless, for the purpose of having military service reduced or exempted, the Defendant: (a) laid a tring door on the part of the shoulder part of the shoulder part of the tring door at the inner city of Ansan-si in Gyeonggi-do; (b) laid the door of the tring tring on the left part of the tring in the early 2011 or below the Seocho-si in the early 201 Police; (c) laid down the door of the tring and shoulder tring tring on the upper part of the string part of Dongdaemun-gu in Seoul, 2012 and laid down the door of the tring and shoulder tring tring on the upper part of the string part; and (d) laid down on the upper part of the string part of the 2012 or below, the Defendant damaged the body and body parts of the tring on the upper part of the string part of the 2013 Police.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Article 86 of the Military Service Act

1. Suspension of execution;

The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has no record of committing a crime above imprisonment without prison labor, and that the defendant shows his attitude to recognize and reflect on the fact of committing a crime, and that he will fulfill his duty of military service is favorable. In addition, considering the circumstances surrounding the crime of this case, the circumstances after the crime, the defendant's age, character and behavior, environment, etc., as well as the various circumstances, which are the conditions for sentencing under Article 51 of the Criminal Act, as shown

Judges

Attorney Kang dilution

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