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The defendant shall be innocent.
Reasons
The Defendant, in the facts charged, was a person of military service born in Luxembourg, and entered Luxembourg in around 2004, but was found to have been able to be exempted from the duty of military service, with the knowledge that he could have been exempted from the duty of military service, and submitted false documents to the Military Manpower Administration, stating that he could be exempted from the duty of military service, applying for a transfer to the second citizen’s station in the Military Manpower Administration for the retirement from the middle school in his final middle school.
On May 9, 2014, the Defendant submitted an application for change or exemption from military service to a public official in charge of the name in the Seoul Military Manpower Administration located in Yeongdeungpo-gu Seoul District Military Manpower Administration, Yeongdeungpo-gu, Seoul District Court on May 9, 2014, and submitted a false fact-finding confirmation on the overseas academic background C and the Korean educational system, which entered on March 200 and retired on November 2002, without stating the fact of entering the above B university, which is the final academic background.
Accordingly, the defendant has written a fraudulent act for the purpose of having military service reduced or exempted.
Judgment
The evidence submitted by the prosecutor alone as to whether the defendant's middle school retirement was false or not is insufficient to recognize it (in particular, it is difficult to believe in light of the official document submitted by the Ministry of Foreign Affairs No. 16 No. 5 of the evidence list No. 10 of the evidence list No. 16 of the Republic of Korea or the official document submitted by the Embassy of the Republic of Korea.
B. Although the Defendant recognized the fact that ASEAN was admitted to Luxembourg, the Defendant asserted that Luxembourg was admitted to Luxembourg with a false graduation certificate, etc. according to the records, the Defendant is recognized as having attended the above Middle High School E in part of the time he was admitted as having been not in the above Middle High School, and it is difficult to view that the Defendant’s admission to the above University constitutes an academic achievement under the Military Service Act of the Defendant’s academic background solely based on the fact that the Defendant was admitted to the above University, and there is no other evidence to acknowledge it.
In conclusion, the facts charged of this case are criminal.