(영문) 부산지방법원 동부지원 2008.11.13.선고 2008고단1089 판결

A defendant shall be punished by imprisonment with prison labor for not more than ten months. The seventy-two days of detention days before the sentence is made shall be included in the above sentence: Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment

Reasons

Criminal facts

1. Violation of the Military Service Act;

Around February 6, 2002, the Defendant was a person liable for active duty service who was judged as Grade III in physical examination by the Busan Regional Military Manpower Office located in the Suwon-dong, Busan Regional Military Manpower Office. Around December 2005, the Defendant got exempted from military service due to high blood pressure by providing 2 million won to the physically handicapped and raising blood pressure value through the Internet and raising blood pressure value from the Internet. Around September 26, 2006, the Defendant added the technology of enhancing blood pressure for several months. On September 26, 2006, the Defendant was determined as the second citizen service due to high blood pressure (Grade V exemption) by raising blood pressure value in the above Busan Regional Military Manpower Office by continuously force in order to evade or reduce the military service duty. Accordingly, the Defendant committed physical damage or fraudulent act with the intention of evading or exempting the military service duty.

2. A teacher who violates the Military Service Act;

On October 2006, the Defendant introduced C, which wants to evade military service through social-friendly job offering B, and agreed on C, such as enhancing the Defendant’s blood pressure using a blood pressure measuring instrument, and then exempted C and 4 million won from military service.

그 후 피고인은 2006. 10. 하순경 부산 중구 남포동에 있는 ▲▲ 커피숍에서, C, C의 어머니 C2, B를 함께 만났고, 그 곳에서 C에게 혈압을 높여 병역면제를 받는 기술을 알려주고 C2로부터 그 대가로 먼저 200만 원을 건네받고, 그 후 B를 통하여 나머지 200만 원을 건네받았다. C는 2007. 2. 14.경 위 부산지방병무청에서 팔, 항문, 다리에 순차 힘을 주는 방법으로 혈압 수치를 높여 고혈압으로 인한 제2국민역 판정을 받음으로써 병역의무를 기피하거나 감면받을 목적으로 신체손상이나 사위행위를 하여 병역면제 판정을 받았다.

Accordingly, the defendant instigated C to commit a crime in violation of the Military Service Act.

Summary of Evidence

omitted.

Application of Statutes

1. Article applicable to criminal facts;

The violation of the Military Service Act: Article 86 of the Military Service Act, and Article 86 of the Military Service Act and Article 31 of the Criminal Act

1. Types of punishment;

Imprisonment, respectively;

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (the first offender is the defendant, and his depth is divided)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e., the new law that applies to the defendant), even if the defendant has a high blood pressure, at least public service should be performed, and the defendant

It is so decided as per Disposition for the above reasons.