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(영문) 대구지방법원 2019.09.06 2019고단2711
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

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

In a draft physical examination conducted by the Daegu Northern District Military Manpower Office from around 2008 to November 1, 2010, in order to have a physical judgment of Grade III on the part of the defendant's chest, arms, and part of the part of the body, and to have his military service reduced or exempted, the defendant was subject to an additional sentence on the bridge on which he had not been a new letter during the constant procedure from around 201 to around 2018, and was exempted from military service after having been judged in Grade IV in replacement service on the ground of pre-examination at the ordinary regional military manpower office conducted by the Daegu Northern District Military Manpower Office on July 26, 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. Defendant's legal statement;

1. A written opinion exclusively in charge of the draft physical examination;

1. Inquiry into military register, inquiry about physical inspection, and statement about occurrence of illness and mental disorder;

1. Each report on internal investigation (a list of evidence Nos. 6, 9, 11, 12);

1. Application of the Acts and subordinate statutes concerning the visual images of newspapers;

1. Article 86 of the Act applicable to criminal facts and Article 86 of the Military Service Act chosen to punish imprisonment;

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

1. Probation and community service order under Article 62-2 of the Criminal Act, after considering the following circumstances and the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and various conditions of sentencing as stated in the argument of this case, the punishment shall be determined as ordered.

The crime of this case requires strict punishment in light of equity with many young people who faithfully perform military service, with the intention of evading military service or having military service reduced or exempted.

The favorable circumstances are confession and reflective.

The defendant shall complete his military service.

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