The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. 1) Inasmuch as the international covenant on the existence and political rights of “justifiable cause” under Article 15(9)1 of the Establishment of Homeland Reserve Forces Act has the normative character of the Constitution. According to Article 18 of the relevant Covenant and Article 19 of the Constitution of the Republic of Korea, the Defendant’s refusal of military service according to conscience is recognized as “the right to refuse military service according to conscience,” and the Defendant’s refusal of training based on the above right constitutes “justifiable cause” under Article 15(9)1 of the Establishment of Homeland Reserve Forces Act, insofar as the Defendant clearly expresses his intent to conscientious objection to military service for the reserve forces service, it is against the entire period of the reserve force, and the refusal after the first expression of his intention to refuse military service should not be punished separately from the previous offense. Since the Defendant was punished as a violation of the Establishment of Homeland Reserve Forces after having already expressed his intention to conscientious objection, the instant facts charged in the instant case is subject to acquittal or dismissal of prosecution.

B. The assertion of unfair sentencing is based on a serious religious conscience and there is a sufficient reason to view conscientious objection differently from the evasion of general training. Since the Defendant is unable to have a certain occupation due to repeated punishment on conscientious objection as well as economic difficulties due to the continued payment of a fine, etc. Therefore, in light of such overall sentencing conditions, the lower court’s punishment (fine 500,000) is too unreasonable in light of such overall sentencing conditions.

2. Determination

A. Determination of the misapprehension of the legal principle as to the assertion of misapprehension of the legal principle

“Justifiable cause” as set forth in the above is, in principle, the existence of abstract duty of military service or duty of training reserve forces.