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(영문) 서울북부지방법원 2016.09.21 2016고단2584
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment 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.

Since the Defendant started to perform a literature on the left part of the left part and the left part of the body part from around 2009, the Defendant was sentenced to class 3 on the ground that there were sentences in the draft physical around November 8, 201, and on the ground that there was a letter in the draft physical around November 8, 201, and it was well aware that there was an impact on the determination of physical grade if there was a door through Internet prior to the draft physical.

Nevertheless, the Defendant, who knew that he was judged as Grade 4 on the ground of friendly B’s correspondence, was subject to the 4th grade judgment on the ground of friendly B’s correspondence, was able to undergo the 4th grade judgment on either side of his arms or legs from the end of 2013 to the beginning of 2014, and went back to the Republic of Korea on November 3, 2015 on the ground that he was able to receive the 10th grade judgment on both sides of his arms and legs, and was exempted from the 4th grade public interest service personnel due to the reason of high correspondence as a result of the physical examination of the North Military Manpower Administration in the North Korean Military Service around the 17th of the same month.

Accordingly, the defendant has damaged his body with the intention of evading or being exempted from military service.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of a physical examination of a draft physical (A military service-related data, etc.), an investigation report, an investigation report, an investigation report, an investigation report (Submission of a notice of the results of a physical examination of a draft physical), and notification of the results of a physical examination of a draft physical;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One year to five years;

2. The crime of this case committed by the defendant with the intention of having military service reduced or exempted is a physical condition and the crime of this case was damaged by his body, and is disadvantageous to the fact that the nature of the crime is bad.

On the other hand, the defendant is not exempted from military service due to the crime of this case, but military service as public duty personnel.

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