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(영문) 의정부지방법원 2016.11.24 2016고단2324
병역법위반
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

Punishment of the crime

No physical damage shall be caused to any person with the intention of evading military service or having military service reduced or exempted.

In 2015, the Defendant, as a person subject to a draft physical examination, was aware of the fact that he was excluded from enlistment in active duty service on the part of a telegraph, and was able to not enlistment in active duty service on the part of a person subject to a draft physical examination on the part of a telegraph.

Accordingly, from February 2015 to July 201 of the same year, the Defendant was judged to be subject to the call-up of class 4 social work personnel on the ground of telegraphic letter in the physical examination conducted by the Seoul Regional Military Manpower Office on November 17, 2015, when both muckbucks, the right side bucks, the right side wucks, the left side wucks on two occasions.

Accordingly, the defendant injured his body with the intention of having military service reduced or exempted.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partially examining the suspect against the defendant;

1. A report on investigation (a report confirming each time of correspondence);

1. Investigative reports and military register inquiries;

1. Details of writing; and

1. The application of Acts and subordinate statutes to a literature photograph [it is sufficiently recognized that the defendant had an intention to avoid military service in addition to the previous literature because, in light of the fact that the defendant was aware of the fact that he was excluded from the enlistment in active service from the time of a middle school to the time of a new draft physical examination, when he undergoes a draft physical examination, he was aware of the fact that he was excluded from the enlistment in active service, and that he was aware of the fact that he was aware of the fact that he was excluded from the enlistment in active service from the time of a new draft physical examination.]

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

1. The suspended sentence is subject to the sentencing of Article 62(1) of the Criminal Act (the following favorable circumstances among the reasons for sentencing).

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