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(영문) 대구지방법원 서부지원 2018.09.13 2017고단1604
병역법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, the Defendants received postal items from the Daegu Regional Military Manpower Administration on January 14, 2011, which caused the military service judgment examination, and Defendant A with normal intelligence issued a medical certificate by deceiving his will by acting as if he had a intellectual disability, and used it to be recognized as a intellectual disabled person to avoid active service.

On February 16, 2011, the Defendants made a false statement that Defendant B had an interview with his guardian at the Life University Hospital in Jung-gu, Daegu-gu and 56 on February 16, 201, and that “A would make it difficult for Defendant A to make it difficult for him to answer the questions of intelligence inspection.”

I ambag

On February 23, 2011, the Plaintiff was issued a false disability diagnosis certificate to the effect that the I Q was merely 45 and constitutes class 3 of intellectual disability by means of a fraudulent act responding to “.”

On February 28, 2011, the Defendants submitted a medical certificate issued as above to the Dong Office of the Daegu-gu E-dong Office, and on March 18, 201, the Defendants received the disability grade decision from the head of the Daegu-gu office that Defendant A constitutes a cadastral disability third grade, and registered Defendant A as a cadastral disabled person.

In such a way, the Defendants success in having Defendant A be subject to the disposition of incorporation into the second citizen’s station of military affairs by the head of the Gyeong-gu and Gyeongbuk-do regional military affairs office around June 201.

Accordingly, the Defendants conspired to commit a fraudulent act for the purpose of evading military service duty of Defendant A or having military service reduced or exempted.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement concerning F, G, H, I, J, K, and L;

1. Inquiry into military register;

1. A copy of a determination on disability ratings;

1. A copy of elementary school life records, etc., a copy of middle school life records, etc., a copy of high school life records, etc., each school register and each school record;

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