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(영문) 서울서부지방법원 2016.10.21 2015고단1890
병역법위반
Text

The defendant shall be innocent.

Reasons

1. No person summary of facts constituting an offense subject to prosecution shall injure his body or commit a deceitful act with the intention of evading military service or having military service reduced or exempted;

On August 20, 2001, the Defendant had received a draft physical examination from Busan regional military manpower office on August 20, 2001, and had postponed the date of enlistment in active duty service on three occasions on the grounds of a dward test, disease, etc., and had attempted to reduce or exempt military service by fraudulent means as if there was symptoms of mental division, although there was no symptoms of mental division.

In addition, the Defendant, upon receiving treatment from E Hospital, etc. from around June 13, 2007 to May 26, 2008, filed a request for a reexamination with the following symptoms: “I cannot participate in a reexamination where people and the line move to a large number of people who have been on the water surface from three years ago, or without any justifiable reason,” “I would like to avoid a large number of people and to be paid only at home,” “I would like to go against a large number of people, and I would like to go to go to a large number of people, and I would like to go to go back or desire, and come to go to a large number of people,” “I would like to go to go to the military service,” “I would like to go to go to my house,” “I would like to go to have difficulty in diving due to sound at home,” and submitted to the Seoul regional military manpower office’s judgment on May 26, 2008 under the name of EF Hospital’s mental and physical division of 208.

However, in fact, from around 2002 to around 2008, the Defendant was engaged in normal social activities, such as performing in a club or participating in music film, from around 2007 to around 2008, while serving as the words of G, H, etc., and having been receiving treatment of the said mental fission, and even after being judged as the second citizen service of the above 5th class, the Defendant did not actually receive any hospital treatment.

Accordingly, the defendant has avoided military service.

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