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(영문) 창원지방법원 2015.02.10 2014고단1638
병역법위반
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2008, the Defendant was assigned to military service as a person subject to Grade I enlistment in active service at a regional military manpower office in Gyeongnam District Military Manpower Office.

With the knowledge that the Defendant would be subject to class 4 determination if he were to put his body, the Defendant applied for postponement of enlistment continuously from March 2009 to November 201, 2013, and had his arms, shoulders, breasts, legss, legs, etc. undergo a draft physical examination conducted by the regional military manpower office around December 20, 2013 after having the Defendant undergo a draft physical examination again at the regional military manpower office around Gyeong-gu regional military manpower office on December 20, 2013, and received the reduction of and exemption from military service by having the first class 4 determination on the body, etc. due to the reason of correspondence.

Accordingly, the defendant committed physical damage with the intention of evading military service or having military service reduced or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. The front photograph of the newspaper;

1. Application of Acts and subordinate statutes to investigation reports (military service matters and related documents) and accompanying documents thereof (No. 4 through 17 No. 17);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act - Reasons for sentencing - Other favorable circumstances: It is against the law, not exempted from the duty of military service, and is in good faith to social work personnel - The fact that the sentence is evaded by inserting letters in order to reduce the duty of military service, which is a basic duty of the people, resulting in evasion of active duty service. - Equity with the military service personnel who have been working as active duty servicemen after a normal physical examination - Other various sentencing conditions specified in the records of this case, such as the defendant's age, character and behavior, health conditions, home environment

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