The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant refused to receive reserve forces training according to religious conscience. This is based on the freedom of conscience guaranteed under Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights incorporated as part of domestic law. Thus, there is “justifiable cause” under Article 15(9)1 of the Establishment of Homeland Reserve Forces Act (hereinafter “instant legal provisions”).

Doshe, insofar as the defendant expressed his/her intention that he/she would not respond to the call within the entire service period of the reserve forces for reasons of conscience at the time of the first refusal of the reserve forces training, the subsequent refusal is a single act that gives the same result, and the first refusal of the reserve forces training would violate the principle of prohibition of double punishment.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. Whether the exercise of fundamental rights under the Constitution constitutes justifiable grounds under the Establishment of Homeland Reserve Forces Act or not should be done within the scope that enables people to live a community with others and does not endanger other constitutional values and the law and order of the State. As such, in a case where a constitutional legal interest exists to justify the restriction, the freedom of conscience realization is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution.

However, as in Article 88(1) of the Military Service Act, the legal provision of this case was prepared to specify the duty of national defense of the most fundamental citizen as well as the duty of national defense. If national security is not ensured because such duty of military service is not fulfilled properly, the dignity and value as human beings cannot be guaranteed.

Therefore, military service is ultimately fulfilled.