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(영문) 춘천지방법원 원주지원 2010.07.13 2010고단403
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a person subject to homeland reserve forces training on March 29, 2010, received a notice of call for training in the name of the third unit commander of the military unit of the 8375 unit of the Army, which was conducted at the home of the Defendant’s house No. 403 705, 705, and from April 6, 2010 to April 8, 2010, from the home of the Defendant’s home of the Republic of Korea, and from April 6, 2010, the Defendant did not receive the above training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of the sender;

1. Application of the Acts and subordinate statutes to the composition card of homeland reserve forces, the remaining sixth, the result of the notice of call-up for training, the remaining sixth, and the result of notice of call-up for training;

1. Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland Reserve Forces Act concerning the relevant criminal facts and the election of homeland reserve forces to impose punishment;

1. As to the Defendant’s assertion on the suspended execution under Article 62(1) of the Criminal Act (see, e.g., circumstances leading to the Defendant’s commission of the instant crime), the Defendant asserted to the effect that there exists “justifiable cause” as prescribed by Article 15(9)1 of the Establishment of Homeland Reserve Forces Act, since the Defendant refused to train the reserve forces as a female witness according to the freedom of religion and conscience guaranteed by the Constitution. However, in light of the interpretation of the Constitution and laws, the right to conscientious objection is not recognized, and the refusal of training on the ground thereof cannot

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