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(영문) 대구지방법원 2020.06.10 2020고단828
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

The Defendant is liable for military service.

The Defendant, from around October 2013 to around November 5, 2013, received a judgment of physical grade 3 on the ground that he had a door at the draft physical examination around November 5, 2013, and even thereafter, on the ground that he was unable to identify the place between him and his left arms, legs, right arms and legs, etc., and performed an act of physical damage, etc. for the purpose of evading military service or having military service reduced or exempted, at the time of the follow-up draft physical examination on October 18, 2018, the Defendant was aware of the fact that he may be subject to criminal punishment by being exempted from the military service.

Nevertheless, on October 2018, the Defendant was issued a military service disposition subject to a call-up to a social work personnel service on December 9, 2019, by making an additional gate to the uniform book at a place where the location of Daegu or lower is unknown, and was enlisted in active service on December 9, 2019, and returned to Korea on the ground of the pre-examination, and was returned to Korea on February 5, 2020 on the ground of correspondence in the draft physical examination of invalids.

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

Summary of Evidence

1. Court statement to the effect that the facts charged by the defendant are recognized;

1. A photo of the first half of the physical examination, a military register inquiry, and a result of the physical examination of the military service judgment, a prior examination and photograph, a statement of the doctors in the judgment of the military service, a disease, and a statement of the situation of

1. The Defendant made a statement to the effect that, as indicated in the facts charged, the reason why the Defendant made a signature was to complete the telegraphic body, as stated in the judgment below, regarding the Defendant’s assertion, such as the guide for the prevention of evasion of military service and the draft physical examination, etc., the foregoing assertion may be interpreted as denying “the purpose of evading or evading the duty of military service” under Article 86 of

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