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(영문) 부산지방법원 2017.06.07 2017고단1713
병역법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Military Service Act is a person serving as a social service personnel belonging to the Busan Jung-gu Office from August 10, 2015.

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the defendant, on April 14, 2016, on the 15th day of the same month, and on the 18th day of the same month, on October 5, 2016, on the 7th day of the same month, on the 11th day of the same month, on the 12th day of the same month, and on the 28th day of the same month, on November 1, 2016, on the 3th day of the same month, the same month, on the 7th day of the same month, the 8th day of the same month, on the 11th day of the same month, and on the 14th day of the same month, was absent from service for at least eight days in total without justifiable grounds.

2. During the absence of unauthorized absence from office by using the medical certificate issued by the Defendant, the Defendant had the option to receive sick treatment from D, a staff member C in charge of social service, as if he had received medical treatment at the hospital.

On October 12, 2016, the Defendant prepared and possessed “F” stores located in Busan Jung-gu, Busan.

The G Council physician's medical confirmation certificate for himself/herself in the name of H can be stored and entered into the Tong Won-il in the “Y 05 October 2016” and “2016-10-05” respectively in the “Y 2016” and then printed it in the “Y 2016-105,” and then forged 12 copies of the medical confirmation certificate by the same method until November 14, 2016.

Accordingly, for the purpose of exercising, the Defendant forged 12 copies of the G Council member’s medical confirmation document in the name of G Council member H, which is a private document on fact certification.

3. Exercising the relevant investigation document;

A. On October 13, 2016, the Defendant submitted to D, among Busan located in Jung-gu, Jung-gu, Busan on October 13, 2016, a written confirmation of forgery as stipulated in paragraph 1, to D, who is an employee of the Gu office, who is aware of the forgery at the Gu office, as stated in paragraph 1, (i).e., written confirmation of forgery (i., Oct. 5, 2016; (ii) the same month; (iii) the 11th of the same month; and (iv) the same month.

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