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(영문) 의정부지방법원 2018.01.17 2017고단4532
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall flee, conceal his/her whereabouts, injure his/her body, or use a deceitful act for the purpose of evading military service or having military service reduced or exempted.

On February 17, 2016, when the Defendant became aware of the fact that the 2nd class 4th class social service personnel could be judged on the body, etc. when he reduced the weight of a police officer under 17, through high school-friendly districts, the Defendant’s act of artificially reducing 57 km or more from 57 km to m3rder, etc. from the Defendant’s house, etc. around that time, for the purpose of military service exemption and reduction of the 4th class social service duty. On March 17, 2016, the Defendant suspended the disposal of the 174 cm from the prosecutor’s office to 51.3 km, BMI index 16.9, from the prosecutor’s office on June 21, 2016 to the 17th class 3rd class, 174 cm, 51.5 cm, 16 cm, 16.4 cm or 16.5 cm from the 2016th m.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (the result of suspect's digital siren analysis) and report on the results of digital siren identification;

1. Application of Acts and subordinate statutes reporting investigation results;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. There are various personal circumstances against the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order;

However, the defendant's crime of this case is justified or his responsibility is mitigated solely on the basis of such fact.

However, it is strongly expressed that the defendant currently reflects the truth and completes military service in active service.

In addition, the defendant's age, sex, environment, attitude after the crime, etc. shall be considered.

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