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(영문) 전주지방법원 2014.11.25 2014고단1369
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

No person shall injure his body or commit a deceitful act with the intention of evading military service or having military service reduced or exempted.

From 2010 to 2010, the Defendant had been aware of the fact that there was a question about the first grade judgment, such as asking a draft physical officer who was subject to the first grade judgment at the draft physical around December 26, 201, in order to ask him whether enlistment in active duty service is possible, and that there was a question through the Internet prior to the draft physical examination, it was well aware that there was an impact on the determination of physical grade.

On January 1 to February 2012, the Defendant: (a) Hubucks in both arms; and (b) Hubucks in spring via several times on July 30, 2013, entered the Supplementary Military Service on July 30, 2013; and (c) she was subject to measures for returning home on the grounds of salkings caused by mental disease, correspondence, or self-harm; and (d) on November 1, 2013, the Defendant was granted reduction of or exemption from Grade 4 to Grade 4 on the physical grade on the grounds of high gate, as a result of the physical examination of the former regional military manpower branch office.

Accordingly, the defendant injured his body with the intention of evading military service or having military service reduced or exempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to C, D, and E;

1. A written statement;

1. Each investigation report and evidential materials attached thereto;

1. Application of Acts and subordinate statutes to the military register inquiry, physical examination inquiry, precise physical examination determination report, deliberation report by the local physical grade determination deliberation committee, opinion of doctor for the draft physical examination, suspect's door, photograph, medical examination and treatment report, outpatient medical records, psychological evaluation report, high school life records, copy of closure of the primary home photograph, circumstance leading up to the occurrence of a disease, list of graduates, and photograph;

1. Article 86 of the relevant Act on criminal facts and Article 86 of the Military Service Act;

1. Although the nature of the crime in this case is inferior in light of the content of the instant crime under Article 62(1) of the Criminal Act, the Defendant’s confession of the instant crime and reflects in depth the mistake, and the Defendant is the instant crime.

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