(영문) 대구지방법원 2014.04.10 2013노3209 | 리걸엔진

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(영문) 대구지방법원 2014.04.10 2013노3209

병역법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant has not committed a fraudulent act in the course of disability diagnosis and dispositions by the second citizen service.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The sentence imposed by the court below (one year and six months of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. The Defendant made a confession of facts in the court of original instance regarding the assertion of mistake of facts, and argued that the confession has not been made in a fraudulent manner with the intention to reverse the confession and to evade military service.

However, the evidence duly admitted and examined by the court below is as follows; ① there is no contents related to mental illness in the Defendant’s elementary school, middle school, and high school life records; the Defendant acquired each of the qualifications as a construction site technician and an electrical construction technician around 1999 and around 2002; and the two-class common motor vehicles driver’s licenses and first-class common motor vehicles driver’s licenses around 2002 and around 206; ② from February 22, 2008 to February 22, 2008.

8. The confession made by the Defendant at the lower court, in full view of the following facts: (a) the credit business was conducted until the end of August 26, 2009; (b) there was no gap between hospitals related to mental illness after the beginning of June 201 to October of the same year; (c) the fact that there was no medical treatment related to mental illness from the date when the military service disposition was changed to the Daegu regional military manpower office and received the second citizen service disposition; and (d) the fact that the main part of the statement made by G, who corresponds to the facts charged in the instant case, was specific and consistent with the facts charged in the instant case.

In full view of the evidence presented by the court below including the defendant's confession in the court below, the court below's finding the defendant guilty of the facts charged of this case is just and there

B. The Defendant did not have the previous decision on the assertion of unfair sentencing, and at the lower court.

유사 판례

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