향토예비군설치법위반
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant (legal scenario and unreasonable sentencing) under Article 15(9) of the Establishment of Homeland Reserve Forces Act, the existence of “justifiable cause” was notified of a call-up for training of homeland reserve forces as stated in the judgment below, but did not receive training according to such religious conscience as “B”. This constitutes a justifiable cause under Article 18 of the International Covenant on Civil and Political Rights, which has the same effect as domestic law under Article 19 of the Constitution and Article 6(1) of the Constitution, and thus constitutes a justifiable cause under Article 15(8) of the Establishment of Homeland Reserve Forces Act. 2) insofar as a conscientious objector clearly expresses his intent to conscientious objection to military service in the reserve force, such refusal is against the entire period of service of the reserve forces. Since refusal after the first expression of his intention to refuse military objection is a single act and should not be punished separately from the previous violation. Since the Defendant had already been punished as a violation of the Establishment of Homeland Reserve Forces Act after expressing his intention to refuse military objection, the instant facts charged constitute double punishment.
3) The lower court’s sentence of unreasonable sentencing (fine 3,00,000) is too unreasonable and unfair. B. The prosecutor (the lower court’s sentence of a fine) is too uneasible and unfair.
2. Determination
A. Judgment 1 on the Defendant’s assertion of misapprehension of the legal doctrine
In principle, “justifiable cause” should be deemed as a premise that the existence of an abstract duty of military service or a reserve force training performance is performed, and the existence of the duty of the reserve force training performance itself, but the reason that can justify the nonperformance of the duty specified is not attributable to the person with nonperformance, such as illness, accident, etc.
However, a person who refuses to fulfill the specific duty of military service has served as a reason for his refusal.