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(영문) 대전지방법원 2013.09.12 2013고단2248
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 liable for military service shall commit any act damaging his body or using a deceitful act with the intention of evading military service or having military service reduced or exempted.

Around 2011, the Defendant sought the method of reduction of or exemption from military service, and confirmed that, through the Internet, etc., a person could not be enlisted in active duty service if he was sent to a telegraph via the Internet, etc., and that, around October 2011, the Defendant requested that the person in the trade name in front of the C University located in the Daejeon-gu Seoul Special Metropolitan City read a letter to the person in the trade name, and requested that the person put a letter to the Defendant, etc. using a gate machine and an excessive knife, and had the person put a letter to the telecommunication until February 2012.

On July 30, 2012, the Defendant received a physical examination at Daejeon District Military Manpower Office, Daejeon District Military Manpower Office, and was judged to serve as a public service of physical Grade IV due to the reasons for the pre-examination.

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. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes, such as military register inquiry and circumstance leading to the occurrence of illness and mental disorder;

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a person whose duty of military service, which is the basic duty of the people under the Constitution, has been reduced or exempted by inserting a letter to the general public and damages their body, and requires a strict punishment for the defendant due to bad

On the other hand, however, there are circumstances that may be considered in the course of committing the crime in this case; the defendant is not exempted from military service due to the crime in this case; and the defendant is the first offender. Such circumstances are determined as ordered by taking into account all the factors of sentencing, including the defendant's age, family relationship, and circumstances after the crime.

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