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(영문) 수원지방법원 2016.03.30 2015고단4262
병역법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall injure his body or use a deceitful act for the purpose of evading military service or having military service reduced or exempted.

Nevertheless, the Defendant, with the knowledge of the fact that the “BMF index” was lower through Internet search, was eligible for a judgment of Grade IV social service personnel of Grade IV, such as body, etc., and received a physical examination from around June 2014; from around July 2014, in order to obtain a judgment of physical personnel of Grade IV (174cm; from around July 2014, in order to receive a judgment of military service personnel of Grade IV; from around 174cm to 5km; from around 4, 2014, in order to receive a judgment of physical personnel of Grade IV (hereinafter “BMF index”); from around October 10, 2014; from around 14, around 2014; from around 14, 2014; from around 14, 2014, the Defendant received a physical examination of Grade IV military service personnel of Grade IV (hereinafter referred to as “Seoul Military Manpower Administration”) and received a new physical examination of Grade IV military service personnel of Grade IV (hereinafter referred to as “14m.”).

Accordingly, the Defendant committed a fraudulent act with the intention of evading military service duty or having military service reduced or exempted.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol on D, E, F, G, H, I, J, K, and L;

1. A written inquiry into military service and a physical examination report to the Military Manpower Administration;

1. Health records of high school students;

1. The Defendant’s act of reducing the body in light of the degree of reduction and the period of reduction in the body of the Defendant, which is recognized by the above evidence, constitutes “physical damage” as prescribed by Article 86 of the Military Service Act, and there was a risk of infringement of legal interests insofar as the Defendant was judged to be subject to call-up of class 4 social service personnel on the ground that the body was reduced on the ground that the body was reduced.

[Determination]

Application of Statutes

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

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (the grounds for sentencing) are as follows.

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