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(영문) 창원지방법원 마산지원 2020.05.15 2020고단133
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

On October 14, 2014, in order to have a person to be enlisted in active service of physical grade 3 on the grounds of correspondence in the Gyeongnam regional military manpower office, the Defendant was judged to be enlisted in active service of physical grade 3, and the Defendant was subject to an additional gate on a bridge, etc., which had not been a prior door at the sacratium between September 14, 2017 and September 2019, and was determined to be eligible for the call-up of physical grade 4 social service personnel on the grounds of telecommunication after undergoing a follow-up physical examination to the Gyeongnam regional military manpower office around September 3, 2019.

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. Military register inquiry books, physical examination records, previous newspapers, photographs of a disease, fact-finding table, notification of the results of a physical examination for conscription, spout photographs, qualification-based photographs, confirmation of the sign of Sone Starmmmmms, photographs, written statements, physical examination records, detailed physical examination records, comparison of literary examination records, and order of literacy treatment;

1. Application of Acts and subordinate statutes to each internal investigation report (the process of verifying military service records, telegraph text, and uniforms at the time of the draft physical examination);

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

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

1. The crime committed to reduce or exempt the reason for sentencing under Article 62-2 of the Criminal Act of the community service order is not good, and the defendant is unable to serve as active duty servicemen, resulting in evasion of active duty service.

However, the defendant recognizes the crime of late late and reflects it.

The duty of military service shall not be completely exempted, but shall be served as social work personnel, and there shall be no criminal records exceeding fines.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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