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(영문) 수원지방법원 안양지원 2018.05.15 2017고단2523
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant was subject to physical examinations conducted by the Military Manpower Administration on January 18, 2013, and was judged to be on active duty in Grade III on the grounds of correspondence

No person without military service shall injure his body or use a deceitful act for the purpose of evading military service or having military service reduced or exempted.

Nevertheless, the defendant delayed the time of enlistment in the active duty service on the grounds of application for qualifying examination, illness, etc., and had the method of delaying the time of enlistment, raising the body that did not have the method of delaying the time of enlistment, and had the mind to be judged at Grade 4 in the physical examination in the body of the body.

On June 29, 2017, the Defendant, from around 2017, made 33 or more physical quality indices (BMI's physical quality index (BMI) = 4 degree-based criteria for determining the rate of food consumption in a manner of raising food consumption, such as increasing the amount of food, taking supplementary materials, etc., and submitted a change in the military service disposition to the military service manager for reasons of the change in the height and body weight around June 29, 2017, and was classified as subjects of kidy in a physical examination on the same day.

On July 12, 2017, the Defendant continued to measure 184 cm by the Military Manpower Administration, and 116.7 km from the body, and the BMF index was 34.4 Na and 4 m. to be exempted from military service.

As a result, the defendant injured his body for the purpose of military service reduction or exemption, or committed a fraudulent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report commencement of internal investigation;

1. Article 86 of the Military Service Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution - the reason for sentencing under Article 62(1) of the Criminal Act - the first offender, the first offender, and the fact that he faithfully provides military service shall be considered;

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