logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.09.26 2013고단3030
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No physical damage shall be caused to the person with the intention of evading, having military service reduced or exempted.

The Defendant came to know of the fact that he cannot have a military unit upon reporting television on 2002.

In addition, on July 20, 2009, the Ministry of Military Affairs, which received physical grade 3 as a letter from the draft physical of the Busan Military Affairs Administration, and knew that the sentence affects the judgment of physical parts.

From July 2009 to February 201, 2012, the Defendant received a door-to-door surgery from the Thailand in the studio near the Nam-gu Busan National University, Nam-gu, Busan National University at a number of times.

On July 10, 2012, the Defendant was subject to measures for returning home due to a door extending through a telegraph from a military officer on a physical examination in the military service at the 306 supplementary unit of the Council of 306 unit.

On July 30, 2012, the defendant was exempted from military service after being issued a disposition of Grade IV supplementary service for physical condition such as body, etc. on the ground of advanced physical examination by Busan regional military manpower office on July 30, 2012

Accordingly, the defendant has avoided military service or damaged his body for the purpose of reduction and exemption.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 86 of the Act applicable to criminal facts and Article 86 of the Military Service Act chosen to punish imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no serious criminal record exceeding the fine and that his/her mistake is pened);

1. Social service order under Article 62-2 of the Criminal Act;

arrow