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(영문) 광주지방법원 2020.01.15 2019고단3096
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is liable for military service.

From August 2013, the Defendant had been sentenced to physical grade 3 on the grounds that correspondence has occurred in a draft physical examination around November 25, 2014 after having been conducted several times on the left arms, chests, and parts, etc. from around August 2013. On the same day, the Defendant was aware of the fact that, upon receiving “education to prevent the evasion of military service,” the Defendant would be punished under the Military Service Act in the event of additional correspondence by having received “education to prevent the evasion of military service” to the effect that the Defendant would be subject to criminal punishment by being mitigated or exempted from military service.

Nevertheless, the Defendant, at a place where the location cannot be known between January 2015 to June 2016, 2016, performed an additional procedure on the left and right bridge, ship, tack, tack, and tack, and received a judgment of physical grade 4 on the ground of an ancient mack, in the previous North Korean regional military manpower office located on September 20, 2018, and received a disposition of military service for call-up to social work personnel on the ground of an ancient mack 4 level.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. The Defendant alleged that there was no purpose of evading, evading, or exempting the duty of military service. However, the Defendant was under physical examination on November 201, 2014 and indicated that there was a correspondence with regard to his disease condition. As a result, the Defendant was judged at Grade 3 of the physical grade. ② The education for the prevention of evasion of military service conducted at the time includes the content that criminal punishment shall be imposed if he damages his body, such as sentences, with the intention of evading, evading, or exempting the duty of military service. ③ The Defendant was aware of the circumstances in which he became the most friendship and applied as a witness.

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