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(영문) 대구지방법원 2017.11.02 2017고단4335
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall injure his body or commit a deceitful act for the purpose of evading military service or having military service reduced or exempted.

From the time of high school students, the Defendant was a person who had maintained before and after 70 km, and was judged at first grade of body, etc. by the Daegu District Military Manpower Administration on May 19, 201, and enlisted in an association on October 25, 201, and returned to the Republic of Korea on the grounds of depression, etc., after undergoing a physical examination on February 9, 201, the Defendant was judged at first grade of the body, etc. on three occasions from September 28, 2014 to May 10, 2015.

On August 28, 2015, the Defendant confirmed whether a person, who was called at a civil petition counseling center for military affairs and was subject to a disposition subject to active duty service, could undergo a follow-up physical examination due to a heavy change in body, and subsequently increased the body from around that time to 100 km by artificially taking in corrosion, supplementary materials, etc. for the purpose of military service exemption and reduction, submitted a change in military service disposition to the Daegu-gu Seoul District Military Manpower Administration on January 2, 2016, and on May 26, 2016, the Defendant was classified as a person subject to the call-up of social service personnel upon the first-class decision of Grade IV such as 173.1 cm from the chief prosecutor of the Military Manpower Administration of Daegu-gu High Military Manpower on May 26, 2016, and 173.1 cm from the body of the body of 10

Accordingly, the defendant has damaged his body or committed a fraudulent act for the purpose of having military service reduced or exempted.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to C and D;

1. Inquiries about military register, health records, certificates of participation in A player E Games, and photographs;

1. Each internal investigation report (the confirmation of the history of participating in the Bolar Building Games, output of the regulations related to the examination of military service determination, the investigation of counseling details of counseling centers for military affairs, the confirmation of the activity of twitners, etc.), each investigation report (Attachment of supplementary website data, the attachment of recording records of counseling centers for military affairs, and photographs of the suspect on May 1, 2016) (the defendant and his defense counsel shall serve in the military from their beginning;

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