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(영문) 서울남부지방법원 2016.06.16 2014고단4600
병역법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Although a person in charge of the duty of military service was prohibited from doing any act of damaging his body or using a deceitful act for the purpose of evading or evading the duty of military service, the defendant was judged to be subject to enlistment in Grade I in the Seoul Regional Military Manpower Administration around February 4, 2002, and even though there was no mental fission for the purpose of having military service reduced or exempted, on March 11, 2009, the defendant was issued a written request for medical treatment by visiting the Epsychotropic spirit department located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul for the purpose of having military service reduced or exempted, after having visited the Seoul Metropolitan Government University Hospital located in Jongno-gu, Seoul for the purpose of evading or evading the duty of military service, and filed a written request for medical treatment by protesting about 12th of the same month, and filed with the doctor for medical treatment for the purpose of avoiding any 101 and any false certificate that he did not have with others.

9. By no later than 12 times from the date of August 18, 201, the Seoul National Military Manpower Administration issued a medical certificate for military service use with false contents written by the above hospital on the same day, and attached the above medical certificate to the Seoul Military Manpower Administration located in Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, and submitted a military service assignment change report to the Seoul Military Manpower Administration on July 22, 201, which was judged to be the second citizen’s station by the head of the Seoul Regional Military Manpower Administration on the same day.

Accordingly, the defendant committed a fraudulent act for the purpose of having military service reduced or exempted.

2. Determination

(a) Article 86 of the Military Service Act provides that “Any person who deserts, absconds his whereabouts, injures his body, or commits a deceitful act for the purpose of evading military service or having military service reduced or exempted shall be punished by imprisonment for not less than one year but not more than five years;

“......”

Here, the term "in the event of a fraudulent act" means a physical condition, such as escape, locked act or bodily harm, in itself, evading the performance of military service or being exempted from military service.

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