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(영문) 서울중앙지방법원 2014.12.18 2014고단8834
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The defendant is a person subject to a physical examination for conscription.

Since 2010 when the Defendant was enrolled in high school, the Defendant came to know that he could receive a judgment of physical grade 4 supplemental service in physical examination in a draft physical examination in the case of a large number of physical strength compared to the extension through broadcasting programs, Internet search, etc.

Accordingly, on April 2013, the Defendant drinked the body of physical grade 4 in a physical examination for conscription, and increased 40 km from May 2013 to July 2013 by using a method of injecting about 174 cm in height and about 80 km in body from around 2013 to about 40 km in food.

7. 15. The result of a draft physical examination conducted at the first draft physical in Yeongdeungpo-gu Seoul regional military manpower office located in Yeongdeungpo-gu Seoul regional military manpower office, and the person subject to re-examination was determined to be subject to examination after being measured at 174 cm and 119 cm weight, and the person finally determined to be subject to examination at the above Military Manpower Administration on October 18 of the same year.

Accordingly, the defendant committed a fraudulent act with the intention of having military service reduced or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. Reading on the military register;

1. A closure screen of the results of physical examinations conducted by the Military Manpower Administration;

1. Students' health records;

1. Records of outpatients' medical treatment;

1. Application of Acts and subordinate statutes to final reports as a result of inspection;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (it takes into account the circumstances that may be considered in light of the circumstances, such as the fact that the defendant is divided by mistake, that the defendant is scheduled to enter active service, and that the defendant has no criminal record).

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