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(영문) 서울남부지방법원 2018.05.17 2018고단349
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

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

However, around October 8, 2015, the Defendant was judged to be subject to enlistment in active duty service of Grade 3 on the part of the Seoul Military Manpower Administration located in the Seoul Military Manpower Administration around 43 km-ro, Yeongdeungpo-gu, Seoul District Court around October 8, 2015, and around that time, 186 cm for the extension of the Defendant and 97 km for the body.

Around June 15, 2016, the Defendant submitted the date of military service implementation to the Seoul Regional Military Manpower Administration on the ground that he was enrolled in the university, and submitted a physical quantity index (BI) to obtain Grade 4 above 33, such as physical condition index, and increased arbitrarily the weight of the body by taking a supplementary system for health condition from around that time. On March 1, 2017, the Defendant submitted a military service assignment change report to the Seoul Regional Military Manpower Administration for around March 6, 2017, and submitted it to the Seoul Regional Military Manpower Administration on the ground that he was suffering from around March 6, 2017, around April 21, 2017, and around June 1, 2017, after undergoing a physical examination conducted by the Seoul Regional Military Manpower Administration (BMI) and was judged to have all physical condition index (BMI) 333, and the military personnel were immediately subject to military service during the period from around June 1, 2017.

As such, the Defendant used the same for the purpose of evading or having military service reduced or exempted.

Summary of Evidence

1. Statement by the defendant in court;

1. The content of Defendant Pins North Kakao Stockholm dialogue 1. Military register inquiry, details of application for postponement of military service, results confirmation, results confirmation, investigation reports (verification of health examination records), copies of health examination records, investigation reports (verification of health examination records), copies of school life records, investigation reports (related to physical weight reduction statements), investigation reports (verification of physical weight reduction reports), kylmon posters photographs, products pictures, knick lines, account transactions;

1. Application of Acts and subordinate statutes to seizure records and investigation reports (the results of digital appraisal of smartphones);

1. Relevant Article 86 of the Military Service Act concerning criminal facts. Article 86 (Statutory Penalty)

1. The Criminal Act, the suspension of execution;

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