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(영문) 창원지방법원 2013.07.23 2013고단811
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

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

On October 10, 2008, when the Defendant was classified as a person subject to enlistment in active service after being subject to Grade III disposition in a physical examination for conscription on October 10, 2008, the Defendant applied for a change of military service disposition to the male regional military manpower office around November 5, 201, and obtained a reduction of or exemption from military service by being transferred to Grade IV military service through physical examination again and being judged to be in replacement status after being judged to be in replacement status after being judged to be in replacement status on the parts, such as the parts on the part, such as the ambuck and the ambuck in the lower part of the ambuck in the beginning of 2011.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the prosecutor's office and police interrogation protocol of the accused;

1. Request for investigation of the person injured by the body;

1. Determination as to the defendant's assertion of each investigation report

1. The defendant did not have the intention of having military service reduced or exempted at the time of his questioning;

2. In full view of the following circumstances acknowledged by the evidence as seen earlier, namely, (a) the Defendant received the same sentence as the facts constituting a crime in the judgment, and applied for a change of a military service disposition by himself; (b) the Defendant did not have any explanation to understand the background leading up to the Defendant’s correspondence; (c) the fact that the large sentence of his reduction of a sense of reliance on other persons becomes disqualified for entry into the military unit is already widely known in society; and (iv) other circumstances in which the Defendant intended not to perform his military service, it is sufficiently recognized that the Defendant’s physical damage was made with the intention of having his military service reduced or exempted.

Accordingly, the defendant's status.

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