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(영문) 서울중앙지방법원 2015.11.20 2015노2795
병역법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the Prosecutor’s summary of the grounds for appeal, even though the Defendant did not correspond to “a person with a high-level sexual identity,” which may be exempted from military service, apart from whether he/she falls under a person with a sexual intercourse, it can be sufficiently recognized that a psychiatrist and a treatment woman’s Montreal for the purpose of being exempted from military service has artificially experienced treatment for at least six months prior to the physical examination and that he/she undergoes a local transplant surgery.

2. Examining the judgment evidence closely in light of the record, it is justifiable to find the Defendant not guilty of the charges on the ground that the evidence submitted by the prosecutor alone, in light of the circumstances as stated in the reasoning of the judgment, cannot be deemed as having been subject to a disposition of exemption by deception as if the Defendant had a disability, even though the first instance court did not have a sexual identity impairment.

In order to be exempted from military service in practice, even if the defendant was given a single opportunity to undergo a mental and therapeutic woman monmon local transplantation surgery, it cannot be deemed that the defendant injured his body or committed a fraudulent act for the purpose of evading military service or having military service reduced or exempted, unless the above treatment and treatment are for the purpose of treating the sexual identity of the defendant, or ensuring that the defendant's body is consistent with that of the defendant's favor.

The prosecutor's assertion is without merit.

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is reasonable.

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