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(영문) 대전지방법원 천안지원 2017.05.18 2017고단374
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

No person shall flee, abscond, injure his body, damage himself, or use a deceitful act for the purpose of evading military service or having military service reduced or exempted.

The Defendant reported a marriage with B on April 1, 2013. On April 5, 2013, the Defendant applied for a full-time reserve selection on the ground of support for his child on April 5, 2013. The date of enlistment is postponed on the ground of support for a child from April 16, 2013 to April 15, 2014. The date of enlistment is postponed on the ground of a disease from April 28, 2015 to June 26, 2015, and the date of enlistment becomes final and conclusive on March 9, 2016 by applying for a divorce by agreement on April 28, 2015.

On April 26, 2016, the Defendant submitted an application for exemption from military service change on the grounds that it is difficult to make a living with the Daejeon District Military Manpower Administration, the Daejeon District Military Manpower Administration, and the Daejeon District Military Manpower Administration, which are located in the Jung-gu Daejeon District Military Manpower Administration on April 26, 2016.

The content of “”, etc. is written, and around September 8, 2016, at the Defendant’s residence located in Seocheon-gu C and 205 Dong 205, Daejeon District Military Manpower Administration affiliated with the Daejeon District Military Manpower Administration, which visited the Defendant to conduct on-site verification, “former wife has not only once the enemy visited son after the divorce,” and thereafter, she raises son alone, even until now after the divorce.

“Along with the foregoing,” etc., the second citizen was subject to a disposition of military service reduction and exemption on the grounds of “defluence in livelihood” around the 12th of the same month.

However, on April 2016, the defendant had resided together with the above B in his residence from the early police officer in April 2016, and was living together, such as raising son.

Accordingly, the defendant was exempted from military service by fraudulent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application documents for exemption from military service:

1. A copy of the marriage-related certificate, or a copy of the agreement divorce;

1. Copy of the report as a result of a local business trip, or notification of the results of handling the reduction or exemption of military service;

1. A report on internal investigation and a report on the results of a local business trip;

1. Application of Acts and subordinate statutes to investigation reports (recognating medical records)

1. The relevant Article of the Criminal Act concerning the crime;

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