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

The Defendant is a member of the homeland reserve forces belonging to the Blue-1 Winter Zone. On August 19, 2013, the Defendant was issued a notice of call-up for the training of homeland reserve forces under the name of the commander of the 7873 unit 47 unit of the 47 unit of the 7th unit of the 787 management unit of the Army, which caused the second supplementary 6 hours training conducted at the head of the 98 No. 47 management unit of the Seo-gu Incheon, Seo-gu, Incheon on September 5, 2013 at the above dwelling of the Defendant, and did not undergo the said training

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of sender B of the call notice;

1. A written accusation;

1. Receipt of a notice of call for education and training and the application of the statutes on the organized homeland reserve forces;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, the selection of fines, and the selection of fines, against criminal facts;

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

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

1. In light of the fact that the right derived from the freedom of conscience as stipulated in Article 18 of the International Covenant on Civil and Political Rights and Article 19 of the Constitution is the right derived from the freedom of conscience as stipulated under Article 18 of the Constitution, and that the criminal punishment of conscientious objectors is in violation of Article 18(1) of the above Covenant and thus infringing on the freedom of conscience, the failure of the Defendant to attend the reserve forces training constitutes “justifiable cause” as stipulated under Article 15(9)1 of the Establishment of Homeland Reserve Forces Act, and the punishment of each refusal to attend the call-up notice on repeated training is in violation of the principle of prohibition of double punishment.

2. Determination

A. We examine whether the “justifiable cause” under Article 15(9)1 of the Establishment of Homeland Reserve Forces Act falls under “justifiable cause”, and “justifiable cause” under Article 15(9)1 of the Establishment of Homeland Reserve Forces Act is, in principle, affirmed the existence and performance of abstract military service.