Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

A. 1) The Defendant was notified of convening a call-up for the training of the homeland reserve forces as stated in the judgment of the court below, but did not receive each training according to his religious conscience as a new witness, which is “myh’s witness” under Article 19 of the Constitution, and pursuant to Article 18 of the International Covenant on Civil and Political Rights (hereinafter “International Covenant on Civil and Political Rights”), which has the same effect as domestic law under Article 6(1) of the Constitution, the same constitutes justifiable cause under Article 15(8) of the Establishment of Homeland Reserve Forces Act, so long as the conscientious objectors of the same act clearly expressed their intention to conscientious objection to service of the reserve forces, this constitutes the whole period of service of the reserve forces, and the refusal after expressing the first intention to refuse military objection is a single act, and thus, such refusal should not be punished separately from the previous offense. The Defendant is subject to prosecution or dismissal of the facts charged in the instant case.

B. Even if the defendant is found guilty of unfair sentencing, the legal provision of this case can also be sentenced to minor punishment in penal detention or minor fine. The punishment (six months of imprisonment, two years of suspended execution, two years of social service, and eight hours of imprisonment) imposed by the court below is too unreasonable.

2. Determination

A. Judgment 1 on the Defendant’s assertion of misapprehension of the legal doctrine

The “justifiable cause” of the Act is, in principle, based on the existence of abstract duty of military service or reserve forces training performance, and the recognition of the performance itself, but it can justify the nonperformance of the duty specified.