If the defendant does not pay the above fine, 50,000 won.

The defendant is a member of homeland reserve forces.

On May 24, 2012, around 23:30 on May 24, 2012, the Defendant failed to undergo the above training without justifiable grounds even though he received a notice of convening a call-up for the reserve forces training under the name of the 7376 commander of the Army, which was sent from Jun. 11, 2012 to Jun. 15, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. A complaint;

1. Application of Acts and subordinate statutes concerning receipt of a training call notice;

1. Relevant Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion - The Defendant has the right to conscientious objection derived from the freedom of conscience, and the Defendant was unable to participate in the training of the said reserve force as an exercise of such right to conscientious objection. As such, it constitutes a case where there exists “justifiable cause” during the refusal

In addition, the defendant is not present in the reserve forces training in addition to the above reserve forces training, and the defendant has already been subject to criminal punishment as a result, and the failure to attend each training cannot be regarded as a separate act as an exercise of the right to conscientious objection. Therefore, a judgment of acquittal or dismissal of prosecution must be sentenced.

2. Determination - First, with respect to the Defendant’s assertion on justifiable grounds, the term “justifiable cause” under Article 15(9)1 of the Establishment of Homeland Reserve Forces Act refers to cases where participation in training is objectively impossible or considerably difficult due to a natural disaster or any other similar situation, and it does not include cases where there are subjective circumstances that make it difficult for the trainee to participate in training, such as his/her conscience or religion, and thus, the Defendant’s assertion is related thereto