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(영문) 서울중앙지방법원 2015.04.23 2015고단221
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 7, 2004, the Defendant, who was judged to be enlisted in active service at the regional military manpower office of Gwangjunam on September 7, 2004, was a person liable to serve in the military, who had postponed the enlistment date for several years on the grounds that he was enrolled in a university or a graduate school, with a view to getting exempted from military service by pretend

From March 23, 2012 to May 30, 2014, the Defendant continued to provide medical treatment by visiting the National Hospital of Gwangjin-gu in Seoul Special Metropolitan City for a total of 42 times, and received medical treatment from the medical doctor C, etc., the Defendant continued to provide false symptoms, as the Defendant was suffering from mental illness, with the word “from eight years prior to the beginning of returning to the emergency room on the wind of playing.”

Since July 14, 2014, from around July 28, 2014 to around July 28, 2014, the Defendant belonged to the above C in a false manner as if he suffered from mental illness by the same method as he was hospitalized in the above hospital, and was changed the military service disposition for a person to be enlisted in active duty service in the Seoul regional military manpower office after obtaining a certificate of medical examination of use and a certificate of medical record of “non-toxicly incurable mental illness, etc.” from the Defendant, which requires pharmacologic and mental treatment for at least one year, as a major symptoms, and submitting to the Seoul regional military manpower office, for a certificate of medical treatment and a certificate of medical record to be called as a social work personnel service at around October 1, 2014.

Accordingly, the defendant used the act of deception for the purpose of evading military service or having military service reduced or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or C;

1. A psychological evaluation report;

1. The application of Acts and subordinate statutes to the inquiry report on military service, the extension of the period of each military service, the change of assignment to military service, the copy of alien military service records, and the copy of hospitalization

1. The scope of statutory penalty for sentencing under Article 86 of the relevant Act on Criminal Crimes: Imprisonment with prison labor;

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