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(영문) 부산지방법원 동부지원 2015.07.02 2015고단636
향토예비군설치법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 16:02 on February 24, 2015, the Defendant was a member of the homeland reserve forces organized under the jurisdiction of the Busan-gun's Articles of Incorporation, the 7508 military forces training site for the 3rd and 7th order carried forward on March 16, 2015 at the residential area of the Defendant located in the Busan-gun B, the Busan-gun, and 115 Dong 1402 on February 24, 2015, the Defendant was unable to participate in the above training without justifiable grounds while he directly received the notification of the reserve forces training site for the 13th order for the 7th order carried forward in the 3rd order military reserve forces training site located in the Busan-gun, the Busan-gun, the Busan-gun, the 1108 military forces training site.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each statute on a written accusation;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, in relation to the facts constituting an offense, and the selection of punishment therefor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s assertion on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act is a religious believers of “novah’hovah’s Witness,” and the Defendant’s refusal of the exercise of homeland reserve forces according to religious conscience. The Defendant asserts to the effect that there exists “justifiable cause” under Article 15(9)1 of the Establishment of homeland Reserve Forces Act.

However, the refusal of the exercise of homeland reserve forces based on religious conscience does not constitute “justifiable cause” as provided for the exception of punishment in the Establishment of Homeland Reserve Forces Act, and the above assertion by the defendant is rejected.

The defendant did not receive reserve forces training without justifiable grounds, and in light of the importance of military service in Korea's security situation and equity with those who perform military service different from that of military service.

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