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(영문) 대구지방법원 2021.03.24 2020고단4105
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 10, 2020, the Defendant was sentenced to a suspended sentence of two years on one-year imprisonment with prison labor for intrusion and bodily injury at the Daegu District Court, and the above judgment was finalized on June 18, 2020.

[Attachment of enlistment by the Defendant] The Defendant is a person with no military service who was judged at Grade 2 as a person subject to enlistment in the active duty service at a military service examination on January 30, 2007.

From December 8, 2008 to May 31, 2010, the Defendant postponed enlistment on the grounds of enrollment at a university or college; from June 28, 2010 to July 23, 2010, the enlistment was postponed on the grounds of applying for a qualifying examination; on November 8, 2010, the Defendant was judged to have been subject to Grade III on August 4, 201 in the military service judgment; and on December 26, 2012, the enlistment was postponed on the grounds of illness (e.g., satum satums in the satchline); and on November 26, 2013, the Defendant was determined to have been subject to active duty service in the military service judgment of Grade 1 in the military service judgment of Grade 1 on Apr. 26, 2013.

On November 5, 2013, the Defendant was enlisted in B on November 5, 2013, and was judged to have returned to the Republic of Korea on November 7, 2013, and again, was classified as one-class 1 active duty service (restatement submission) and enlisted in B on June 24, 2014, but was enlisted in B on June 26, 2014, but was determined to have returned to Korea on June 26, 2014.

[Criminal facts] No person shall injure his body or use a fraudulent act for the purpose of evading military service or having military service reduced or exempted.

The Defendant, while delaying the enlistment as above, went home on June 26, 2014, had been able to evade or be exempted from military service by pretending that he suffered from mental illness.

From July 7, 2014 to March 5, 2015, the Defendant received a total of seven times of medical care from the Daegu Jung-gu, Daegu-gu, and from D hospitals, and the Defendant pretended that there was no mental illness, and thus, the Defendant would be able to comply with the Defendant’s order as if he had been in his house since one year ago.

Before six months before the exchange rate, drinking shall be drinking at the house alone.

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