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(영문) 수원지방법원 평택지원 2019.05.22 2019고단63
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

A defendant is a person subject to enlistment in active duty service who was judged at physical grade 3 by the Gyeongwon-si regional military manpower office located in 120, Suwon-si on September 11, 2015, and was determined at Grade 7 as a person subject to reexamination by the relevant regional military manpower office on November 21, 2017 while the enlistment in active duty service was postponed.

On December 2, 2017, the Defendant heard that he was judged at Grade IV due to spine disease that he was not active duty servicemen due to spine disease, and tried to receive physical grade IV and to receive a reduction or exemption from the duty of military service as a replacement service rather than active duty servicemen, by repeatedly receiving class IV of physical grade and repeated behavior that was unreasonable.

Accordingly, from December 4, 2017 to December 9, 2017, the Defendant: (a) performed the work of moving heavy objects at the C Logistics Center located in Pyeongtaek-si B; and (b) intentionally repeated the act of giving it unreasonable to blurize; and (c) took hurri MI photograph at the E hospital located in Ansan-si D on December 12, 2017; (b) filed an application for alteration of disposition of military service on December 15, 2017; and (c) obtained a judgment of physical grade IV on December 20, 2017.

Accordingly, the defendant damages his body or commits a fraudulent act with the intention of having military service reduced or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. A written statement of I;

1. Application of the Acts and subordinate statutes to output, such as military register inquiry, conversation printed out, photographs, physical examination results, change of military service disposition, application form for change or exemption from military service, details of illness and mental and physical disorder, medical examination records for military affairs, MIM photographs, local physical evaluation committees, physical examination records, results of physical examination, medical records, and conversation records;

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

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is committed on the ground of the suspended sentence. The crime of this case is committed by the soldiers who had no belief in performing their duty of military service.

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