A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 22, 2013, the Defendant was sentenced to a suspended sentence of four months in the Jeonju District Court for the violation of the Establishment of Homeland Reserve Forces Act, and the judgment became final and conclusive on August 30, 2013.

The defendant is a member of homeland reserve forces.

From June 18, 2013, around 14:05, the Defendant: (a) from July 8, 2013, 2013, conducted from an injury or disease D belonging to Yansan-gu C in the Jeonsi-si, Jeonsi-si, Jeonju-si, Seoul-si, to the reserve forces training place in the Jeonsi-si, Jeonsi-si.

7. On July 11, 2013, a notice of call-up for education and training in the name of the 2nd unit commander of the Army No. 9585 to attend the carried-over supplementary training (the second unit of the 2nd unit of the 2nd unit of the 2nd unit of the 2nd unit of the 2nd unit of the 2nd unit of the 2nd unit of the 2nd unit of the 2nd unit of the 1

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of crimes against the establishment of homeland reserve forces, receipt of each notice of convening education and training courses, and homeland reserve forces composition card;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, to which the relevant Article on the facts of crime and the choice of punishment are applicable;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The Defendant asserts that there exists “justifiable cause” under Article 15(9)1 of the Act on the Establishment of homeland Reserve Forces, inasmuch as the Defendant’s assertion on the suspended execution is based on a religious conscience guaranteed under the Constitution (such as the fact that it appears that he would refuse military service according to the religious belief, and the fact that it should take into account the equity with the case where the judgment is to be rendered simultaneously with the crime finalized in the judgment).

The freedom of conscience should be given to the extent that the exercise of fundamental rights under the Constitution makes it possible for people to live together with others within a community and does not endanger other constitutional values and the legal order of the State.