logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.01.09 2014고단7327
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant, who is a person subject to physical examination for conscription, shall not injure his body with the intention of evading military service or having military service reduced or exempted.

On July 2013, the Defendant was aware of the fact that he was subject to a judgment in physical grade 4 supplementary service in the case of a high-level correspondence through Internet search, etc., at the same time, the Defendant was able to receive a judgment in physical grade 4 in the case of a high-level correspondence through the Internet.

Nevertheless, the Defendant continued to perform 13 times from July 2013 to February 2014 from the above D, and received 85% of the physical surface of the body, such as arms, legs, breasts, and backs, on 13 occasions from the above D, and received a judgment of Grade IV replacement status as of June 2, 2014.

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 examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. Photographs;

1. Sending data from the fourth grade ruling party on new grounds;

1. A draft physical doctor's opinion;

1. Inquiry into military register and inquiry into physical examinations;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Records 14, 16, 19, 55);

1. Article 86 of the relevant Act on Criminal facts;

1. The Defendant asserts that the purpose of evading military service of the Defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not to say that the Defendant did not have a letter with the intention of evading military service or having military service reduced or exempted.

However, according to the above evidence, the defendant continued to perform the sentence even though he was well aware of the fact that he could not have a military unit when he was under 13 times through D, while he was under the procedure of 13 times from D, that he would not have a military unit, and that he could not have a military unit when she was under the Internet.

arrow