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(영문) 대전지방법원 2013.12.19 2013고단4263
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 27, 2009, the Defendant is a person subject to enlistment in active duty service who received a physical grade I after undergoing a physical examination by the Daejeon regional military manpower office.

On December 2, 2008, the Defendant came to know the method of exempting from military service on the Internet site of evasion of military service due to a mental fission, with the mind that there was a mental divided disease, and had the intention of having the military service reduced or exempted by doing so.

From May 12, 2009 to December 4, 2009 of the same year, the Defendant was provided with medical treatment by committing a false mental divided patient at a hospital located in Daejeon-gu Daejeon-gu Daejeon-gu, with the intention of evading military service, and on June 10, 2009 and December 24, 2009, the Defendant was issued with a medical examination for military service under the name of “a simple mental division” and “a comfortable mental division” at the above hospital. On June 12, 2009 and December 29 of the same year, the Defendant submitted a medical examination for military service at the draft physical examination at the Daejeon-nam regional regional military manpower office, and received a physical examination for military service and received a judgment of physical Grade V on December 29, 2009.

Accordingly, the defendant damages his body or commits a fraudulent act with the intention of having military service reduced or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to E, F, G, and H;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1548, Apr.

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (the above regular consideration) is above;

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