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(영문) 대법원 2014.12.24 2014도14339
향토예비군설치법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the Defendant’s refusal to train the homeland reserve forces does not constitute justifiable grounds under Article 15(9)1 of the Establishment of Homeland Reserve Forces Act, and that the Defendant did not constitute a punishment for double prosecution or the same act, and rejected the allegation in the grounds of appeal disputing this.

The judgment below

If the reasoning of the judgment of the court below is examined in light of the Supreme Court decision and the Constitutional Court decision and the pertinent legal principles, the above judgment of the court below did not err by misapprehending the legal principles on the freedom of conscience under Article 19 of the Constitution, the provision of Article 18 of the International Covenant on Civil and Political Rights, the justifiable reason under Article 15 (9) 1 of the Establishment of Homeland Reserve Forces Act, the identity of a refusal of training, and the principle

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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