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(영문) 부산지방법원 동부지원 2019.09.18 2019고단776
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 shall injure his body with the intention of evading military service or having military service reduced or exempted.

On March 21, 2017, the Defendant was determined by the Military Manpower Administration to be subject to enlistment in Grade III on the grounds that he was frying on parts of the body, as the Defendant’s chest, arms, part of the body, etc.

On July 2017, in order to have military service reduced or exempted, the Defendant received a 4th grade judgment (subject to the call-up of social work personnel) on the ground of telegraph in Busan Suwon District Military Manpower Office located in 301, a training course in Suwon-gu, Busan District Military Manpower Office, on the left buckbucks, the right bridge, and the right bridge that did not have previously been used. On November 5, 2018, the Defendant was determined as having received a 4th grade judgment (subject to the call-up of social work personnel) on the ground of telegraph.

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

Summary of Evidence

1. Defendant's legal statement;

1. The application of two Acts and subordinate statutes to military register investigators, the Military Manpower Administration, the Military Manpower Administration, and the photographs of telegraphs;

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

1. Article 62 (1) of the Criminal Act;

1. The reasoning for sentencing under Article 62-2 of the Social Service Order Criminal Act appears not to have commenced a sentence with the intention of having the Defendant reduced or exempted from the duty of military service from the beginning, considering the fact that the Defendant is not completely exempted from the duty of military service, but must serve as a social work personnel, and that the Defendant has no record of punishment beyond the fine, a suspended sentence shall be imposed against the Defendant, and

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