beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is as follows: (a) although the defendant did not receive a mental therapy by 2006, he was provided with intensive mental therapy in 2007 where military admission was planned; (b) while there was no mental therapy for about four years and four months after July 19, 2007 where he was exempted from military service by a mental fission; and (c) the legitimate evidence submitted by the prosecutor, including the statement at H’s investigative agency, submitted by the prosecutor to the Military Manpower Administration a medical certificate for military use, which was issued by the defendant who pretended to have a mental division as recorded in the facts charged, and submitted to the Military Manpower Administration for the purpose of having the military service reduced or exempted, the court below acquitted the defendant; (d) however, the court below erred by misapprehending the facts, which affected
2. Determination
A. On September 15, 2001, the Defendant was judged to be subject to enlistment in the first class in the Incheon Gyeonggi Regional Military Manpower Office.
The defendant is aware of a hospital that issues a medical certificate with the mind that he will be exempted from military service by pretending to be divided, and received medical treatment from February 14, 2007 to July 19, 2007 by the department of mental health of the E Hospital located in Dongjak-gu Seoul Metropolitan Government, as if there was a mental divided disease, the defendant was issued a medical certificate using the medical certificate with the words "it is uneasy and uneasy without any justifiable reason for a day," and "I am outside the house. I am uneasy," and "I am uneasy," and "I am under the medical treatment of the hospital," and received a medical certificate using the medical certificate with the name of "falsy' in the above hospital on July 4, 2007."
On July 19, 2007, the Defendant submitted a written diagnosis attached to the above written diagnosis to the Incheon Gyeonggi-si Regional Military Manpower Office, which was located in Suwon-si, 1, Dong 53-2, Suwon-si, and was exempted from military service, and was exempted from military service based on the above written diagnosis.
Accordingly, the defendant committed a fraudulent act with the intention of having military service reduced or exempted.
(b).