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(영문) 수원지방법원 2016.09.28 2016고단2891
병역법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person with no military service shall use a fraudulent act for the purpose of evading, or having military service reduced or exempted.

On the other hand, if a person who is over 25 years of age and is not called the first citizen station or supplemental service intends to travel overseas, he shall obtain permission from the head of the Military Affairs Administration, and accordingly, the person who has obtained the permission for overseas travel shall be deemed to have been postponed.

The Defendant, who is over 25 years of age and was not called the first citizen’s station or replacement service, was a person in the military service, who was staying in Kazakan from August 19, 2014 to February 21, 2015 after obtaining permission for overseas travel from the head of the Military Affairs Administration, and returned to the Republic of Korea on February 21, 2015, the expiration date of the permission. In the event that additional permission for overseas travel is not obtained, the situation was that the Defendant would have to enter the military, and submitted a certificate of false attendance during the doctor’s degree course of the National University of Education, Kazakk-in, and attempted to obtain the permission for overseas travel from the head of the Military Affairs Administration.

On March 17, 2015, the Defendant submitted a false certificate of school attendance at the above university’s doctorate course to a public official in charge of obtaining permission for overseas travel. On March 19, 2015, the Defendant obtained permission for overseas travel from the head of the Military Affairs Administration for the purpose of studying abroad, even though the Defendant did not attend the doctorate course of the National University of Education in Suwon-si, Suwon-si, Suwon Military Manpower Administration, and the Defendant did not attend the doctorate course of the above university’s doctorate course.

As a result, the defendant used the fraudulent act to avoid military service, and obstructed the legitimate execution of duties concerning the permission for overseas travel of public officials by fraudulent means.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement of the police statement related to G;

1. Handling of permission for overseas travel, application for permission for overseas travel by persons without military service, and Iba;

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