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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On March 24, 2010, the Defendant was assigned to military service as a person subject to Grade II enlistment in active duty service at the Gyeonggi Northern Military Affairs Administration, which is located in the Dongwon-dong of the Government of the Republic of Korea.
The Defendant became aware of the fact that, on the Internet, the Defendant could receive a judgment of class 4 or a punishment for evading enlistment, if he/she conducts a letter in his/her body by searching for a “stigious and military unit.”
From around that time to November 2012, the Defendant: (a) had C, who operates a gate in which it is difficult to know the trade name in the Guridong for about two years from that time, use a machine in which it is difficult to identify the trade name; and (b) had C, who influents over and influencies, put further correspondence into the part, such as the Defendant’s chest, bridge, leg, etc., more wide distribution.
Ultimately, on February 25, 2013, the Defendant submitted a military service assignment change on the ground of a condition after the surgery to cut down the upper part of the upper part of the body, but was judged to be a physical grade 4 as a letter that did not lower the physical grade desired by the Defendant.
Accordingly, the defendant committed physical damage with the intention of evading military service or having military service reduced or exempted.
Summary of Evidence
1. Partial statement of the defendant;
1. Part of the witness C’s legal statement;
1. A protocol concerning the examination of partially the defendant's prosecution;
1. A protocol concerning the examination of partial police officers of the accused;
1. An application form for military service inquiry, or for change of service disposition, such as a statement of mental disorder;
1. Defendant’s writing photograph;
1. Investigation report (attaching documents for postponement of the date of enlistment of a person under internal investigation);
1. Results of inquiries into eligibility for examination, and school records;
1. Application of the investigative report (in the Internet, appending the content of answers to the NAS) and the search statutes which are NAN knowledge;
Article 1. Relevant Article of the Criminal Act and Article 86 (Selection of Imprisonment with Labor)
1. The defendant asserts that the defendant's argument regarding discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act is not for the purpose of evading military service, but for the purpose of preference to correspondence.
Each of the above evidences.