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(영문) 창원지방법원 2019.03.06 2018고단2471
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

No person shall injure his body with the intention of evading military service or having military service reduced or exempted.

On September 2, 2015, when the Defendant became aware of the fact that he could be exempted from military service on the grounds that he was a part of his chest, arms, and part of part, etc. from the Military Manpower Administration on the grounds that he had a new door to the part of his body, and that he could be exempted from military service on the grounds that he was found to be in active duty service, the Defendant was exempted from military service on the ground that he was in replacement status 4 after having undergone a new draft physical examination conducted by Gyeongnam District Military Manpower Administration located in Changwon-si B from October 2017 to February 27, 2018, to be exempted from military service. In order to be exempted from military service, the Defendant was exempted from military service by undergoing a new draft physical examination conducted by Gyeongnam District Military Manpower Office located in 250 Doo-ro 13 as the center of Changwon-si, Changwon District Military Manpower Office on February 27, 2018.

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. The order of taking photographs of telegraphic body and literary treatment;

1. A notice on the prevention of evasion of military service;

1. Application of Acts and subordinate statutes to request a person suspected of evading military service, to investigate the military register, to conduct a physical examination, to conduct internal investigation (organization of file files for civil petition counseling centers and to confirm a written determination of precise physical examination), and to make a judgment of precise physical examination of

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. Defendant and his defense counsel’s assertion

A. The Defendant alleged that there was no purpose or intention to commit the military service. The Defendant merely provided an dynamic additional correspondence to complete the unsatisfed sentence, while interested in the original sentence, and did not have a purpose of evading or evading military service.

B. On October 29, 2018, the Defendant alleged an impossible crime or an impossible attempt is judged to be Grade IV as a behavior disorder (a shock and physical behavior disorder) on October 29, 2018.

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