beta
(영문) 인천지방법원 2012.09.14 2012노1377

향토예비군설치법위반

Text

All judgment of the court below shall be reversed.

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

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In misapprehension of the legal principle, the Defendant refused to attend the reserve forces according to his religious conscience as a female witness. The punishment of the Defendant’s act constitutes a justifiable cause as stipulated in Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights because it unfairly infringes on the freedom of conscience as guaranteed in Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights. In addition, the Defendant had been punished for having already refused to attend the reserve forces according to his religious conscience before the instant case. As such, all of the Defendant’s refusal to attend the reserve forces and first refusal being punished prior to the instant case’s religious conscience are conscientious objection based on his religious conscience and the basic facts are the same as that of the Defendant’s refusal to attend the reserve forces, and thus, it violates the principle of prohibition of double punishment. Nevertheless, the lower court convicted the Defendant of all the charges of this case by misapprehending the legal principles, thereby affecting the conclusion of the judgment. The lower court’s judgment is erroneous in the misapprehension of the legal principle.

(b) The sentence sentenced by the fourth instance on the Defendant by the Prosecutor is too unhued and unreasonable;

2. Prior to the judgment on the grounds for appeal ex officio, the court below examined the defendant ex officio, and sentenced the defendant to the punishment for each of the above judgments. The defendant filed an appeal against each of the above judgments. The court below decided to concurrently examine the above appeal cases.