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(영문) 부산지방법원 2014.06.26 2013고단9614
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

However, 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

No person liable for military service shall flee, conceal his whereabouts, injure his body, or commit a deceitful act, with the intention of evading military service or having military service reduced or exempted.

On October 24, 2006, the Defendant, who was judged to be physically in active duty service by the Military Manpower Administration on the part of the Defendant’s body at the time, did not have a physical condition to the extent that he would be exempted from military service.

However, the Defendant was admitted to the Supplementary Zone on October 26, 2010, but was judged home on the grounds of multi-pact, annual installments, and the Defendant was determined to return home on November 15, 2010. On March 3, 2011, the Defendant was judged to be subject to class 3 active duty servicemen on both sides, body, and leg, and on March 3, 201, notified that he may be exempted from military service in the event of performing crying operations on the telegraph, and raised an objection to the determination of the subject of class 3 active duty servicemen.

After the physical judgment around 2006 between B and B, the Defendant had his parents voluntarily removed on the shoulder part of his parents, and eventually had his face undergo an additional grammatic procedure, and eventually became a door to the telegraph except for some parts such as face.

After that, on September 2, 2013, the Defendant was exempted from military service on September 2, 2013 by being judged as a public duty personnel of Grade IV in response to physical reexamination at the Busan Medical Center.

Accordingly, the defendant injured his body with the intention of evading military service or having military service reduced or exempted.

Summary of Evidence

1. The defendant's legal statement;

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

1. A protocol concerning the examination of the suspect of each of the accused;

1. Statement of each police statement of D and E;

1. A report on investigation (the sequence 10, 17 of the evidence list);

1. Application of Acts and subordinate statutes to physical examinations (Evidence No. 12);

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

1. Article 62 of the Criminal Act:

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