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(영문) 의정부지방법원 2020.06.22 2019고단5049
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On June 3, 2014, the Defendant is a person liable for military service who was judged to be enlisted in the 3rd grade active duty service at the Gyeonggi Northern Military Affairs Branch Office due to a urology (finite) disease.

No person liable for military service shall commit any act damaging his body or using a deceitful act with the intention of evading military service or having military service reduced or exempted.

Nevertheless, the Defendant was able to actively fluent with her natives due to a clear and comfortable nature without suffering from or being treated by the past mental disease, and even before the enlistment in the 37th century on December 8, 2015, even before the enlistment in the 37th century, even if she had maintained a normal life, such as growing women's friendship and Jeju-do travel, the Defendant told her natives before enlistment for the purpose of evading the duty of military service, and actually enlisted in the 37th century, and she was enlisted in the 37th century, and the Defendant was able to die “I want to die. I want to die. I want to get a mental and medical treatment because she could not live in the military.”

The Defendant, at the time of physical examination and treatment after returning home, made a statement as if he returned home from the Gun to mal adaptability, and received a medical examination for military affairs, and received a written diagnosis for military affairs. On November 16, 2016, the Defendant was exempted from military service due to the follow-up physical examination by the Gyeonggi Northern District Military Manpower Administration and due to the 76th grade of the Gyeonggi-do government Madro-si, and the 4th grade social work personnel call-up for military service due to the psychotropic spirit and disease (major depression disorder, etc.).

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

Summary of Evidence

1. Partial entry of the suspect interrogation protocol of the defendant concerning the defendant's partial statement in the prosecution;

1. Investigation report (the result of the operation of the internal company) (the result of the operation of the internal company), the investigation report on photographic data related to the operation of the internal company (the result of the analysis of the contents of the internal company dialogue) and the internal company.

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