Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The Defendant is a member of the reserve forces. On October 8, 2012, at around 10:40, the Defendant received the notice of call-up in the name of the above commander of the military unit, “8 hours for carried forward training (the 7th supplementary training on the basis of 2010s)” conducted at the training site for the army No. 7765 unit in Ulsan-gun, Ulsan-gun, the office of the Defendant, Ulsan-gun, the main office of the Defendant, and on October 22, 2012, 8 hours in order to undergo the above training without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written confirmation of violation;

1. A written statement of the sender;

1. Application of a copy of notification receipt Acts and subordinate statutes;

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 is difficult for the trainee to participate in the training, such as his/her conscience or religion.