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(영문) 대전고등법원 2016.08.11 2016누10709
병역감면거부처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the case being cited or added by the following parts, and thus, it shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. Each of the "Article 131, Paragraph 1," set forth in Part 3, 16, and 4 of the judgment of the first instance shall be subject to "Article 131, Item 1, respectively."

B. On the 6th page of the first instance judgment, “A person who is obligated to support” under paragraph 8 of the first instance judgment shall add “at least three dependants per person who is obligated to support South and North Korea.”

C. On the 7th page of the first instance judgment, “The amount of KRW 84,000,000 for the year 2015” is added to “The amount of KRW 56,00,000 for the first instance judgment is calculated by adding 50% to the standard amount of KRW 56,00,000 for the first instance judgment, since there is no person liable to support or there is a person liable to support but there is a person under six

The table of the 7th upper part of the judgment of the first instance shall be applied as follows:

Plaintiff

The aggregate amount of the Plaintiff’s property 339,232,281 won = 30,020,441 won = 25,50,000 won deposit 25,138,981 won deposit and 2,381,460 won trust and 288,376,970 won trust / 390 won trust 62,396,339 won trust / 3300 won trust / 10,029,129 won trust / 20,834,700 won trust / 400 won trust / 129,000 won trust / 129,000 won trust / 400 won trust / 10,000 won trust / 839,339,35139, 304, 2501, 300 won trust / 400 won trust / trust / trust 2000,513030 won trust / trust .

E. Once the judgment of the court of first instance is revoked, Article 15 subparag. 2 of the Criminal Procedure Act provides that “Article 15 subparag. 1.”

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