All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

1. Summary of the grounds for appeal

A. The Defendant, as a woman’s believers and witness, evaded the call for mobilization training according to religious conscience and was unable to participate in the reserve forces training. This is based on the freedom of conscience guaranteed by the Constitution, and thus constitutes “justifiable cause” under Article 15(9)1 of the Act on the Establishment of Local Reserve Forces and Article 90(1) of the Military Service Act.

B. Prior to the instant case, the Defendant had been punished for committing an offense that had already refused the training of the reserve forces according to religious conscience. As such, the Defendant’s refusal of training of the reserve forces in the instant case and refusal of training prior to the Defendant’s refusal of training is against the principle prohibiting double punishment.

2. Before making a judgment on the grounds for ex officio appeal, this Court held ex officio each appeal case against the judgment of the court below jointly and tried, and since each of the concurrent offenses in the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, each of the concurrent offenses as stated in the judgment of the court below should be punished as a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38

In this respect, the judgment of the court below is no longer maintained.

However, despite the above reasons for reversal ex officio, the defendant's assertion of misunderstanding the legal principles is still subject to the judgment of this court.

3. Judgment on the misapprehension of legal principles

A. As to whether conscientious objection constitutes a justifiable cause, the Constitutional Court decided that a provision punishing a person who refuses to participate in the reserve forces training should not violate the Constitution (see Constitutional Court Decision 2007Hun-Ga 12, 2009Hun-Ba 103, August 30, 201, etc.). The Supreme Court held that conscientious objection based on conscience constitutes an exception to punishment under Article 90(1) of the Military Service Act and Article 15(9) of the Act on the Establishment of Local Reserve Forces.