2015 Highest 3901 Violation of the Military Service Act

A person shall be appointed.

○○ (Lawsuits) and ○○ (Public Trial)

Law Firm B, Attorney C

March 17, 2016

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

On November 10, 2009, the Defendant applied for postponement of enlistment three times from that time after being classified as a person subject to enlistment in active service after being judged at Grade III as a result of the draft physical conducted by the Korea Military Affairs Administration in Nam-gu, Incheon, and after being classified as a person subject to enlistment in active service, from that time to December 2012. On June 12, 201, the Defendant applied for a second (re) draft physical conducted by the EMilitary Affairs Administration on the ground that he was injured and performed a surgery on a shoulder in around 2011, while working as a F player, he was classified as a person subject to a kidy and a 171cc measurement after being measured at 171cm and 105km, and was determined as a person subject to social service personnel upon being judged as a person subject to physical grade IV if the body was found to have undergone a further examination, and was found to have intentionally performed a kidy and me to undergo an influence.

Therefore, the Defendant intentionally attempted to kill by means of increasing the amount of meals from around June 12, 2014. As a result of a kidne measurement conducted by the EMilitary Affairs Administration on July 25, 2014, the physical weight decreased to 103 km, and as a result of a re-development, and the body weight measurement, it was classified as a subject for social work personnel subject to the determination of physical grade 4 after measuring 171 cm as a result of a kidne measurement conducted by the E Military Affairs Administration around October 8, 2014.

Accordingly, the defendant intentionally committed a fraudulent act that intentionally kills with the intention of evading military service or having military service reduced or exempted.

Summary of Evidence

Omission

Judgment on Defendant’s argument

The defendant asserts, through his defense counsel, that he was injured to a shoulder in 201 and retired from his exercise, that he was unable to kill his body rapidly, such as ordinary phenomena, and that his body excessively increases, and that he did not intentionally injure his military service for the purpose of reduction or exemption.

However, according to the evidence duly examined by the court, at least 2014, the Defendant had to maintain an excessive amount of meals and increase his body weight during the period of military service exemption and reduction of the amount of military service. Thus, it is acknowledged that the Defendant had attempted to maintain an excessive amount of meals and increase his body weight in light of the 2012, when based on the materials submitted during the oral proceedings of this case, the Defendant had been injured. However, according to the evidence duly examined by this court, the Defendant was found to have attempted to obtain a physical grade 4 in the case of Non-Korean War (Kg).

The height weight of the defendant is at least 35 cm (m). Considering the fact that the extension is 171 cm in the case of the defendant, the physical weight of the defendant is at least 3435 km (35 x 1.71 x 1.71 x 71) on 102. As seen above, at the draft physical conducted on June 12, 2014 at the draft physical conducted on June 12, 2014, the weight of the defendant's body was at least 105 km.

25. Considering the fact that the result of a kidney and kidy kidne measurement conducted on October 8, 2014 that was reduced to 103km, and that the result of a kidy kidy kidy kidy kidy kidy and kidy kidy kidy kidy 106km again, and that the Defendant made several statements to the effect that “the physical increase is made to reduce military service” in the conversation with those who used the Internet Megs at the time when the reexamination, kidy kidy, and kidy kidy was conducted, it is reasonable to deem that the Defendant attempted to maintain a part of the excessive meal quantity and increase the body weight for the reduction of military service).

Application of Statutes

1. Article applicable to criminal facts;

Article 86 of the Military Service Act

1. Suspension of execution;

The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant's attempt to reduce or exempt military service by committing a deceptive act is to be criticized. However, rather than that the defendant committed a deceptive act through a secret preparation or procedure, the defendant's physical weight excessively increased in a remote opportunity, and it seems that the defendant continued to take in excess of normal food quantity when maintaining the food quantity, thereby promoting the method of military service service which is more easier by continuously taking in excess of normal food quantity. In addition, this situation and circumstances, together with the fact that the defendant is currently working as a social work personnel, taking into account the defendant's age, character and conduct, criminal records, and circumstances after committing the crime, the defendant was sentenced to a suspended sentence of imprisonment with prison labor for the defendant.

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

Judges Kim Jong-ho