A defendant shall be punished by imprisonment for four 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

The defendant, as a member of the homeland reserve forces on June 20, 2013, at the Ddong World Reserve Forces located in the C community service center located in B of Yasan-gu, Jeoncheon-gu, Seoul on June 2013, the same year

7. From August to 10th of the same month, a muster notice for the carried-over training was issued by the General Training Center in the Jeonju-si Reserve Forces.

Nevertheless, the defendant did not participate in the above training without justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to criminal facts confirmation and notice of convening education and training;

1. Relevant Article of the relevant Acts concerning the facts constituting an offense, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act;

1. As to the Defendant’s assertion of Article 62(1) of the Criminal Act (a favorable circumstances, such as the fact that there is no criminal conviction exceeding a fine, and that it appears to have refused military service in accordance with a religious belief), the Defendant asserts that there exists “justifiable cause” as prescribed by Article 15(9)1 of the Act on the Establishment of homeland Reserve Forces, since he refused military service according to a religious conscience guaranteed by

In light of the fact that the exercise of fundamental rights under the Constitution should be carried out within the scope that enables a common life with others and does not endanger other constitutional values and the legal order of the State within a community is a fundamental limitation of the exercise of all fundamental rights, including the freedom of conscience. Thus, in a case where there exists a constitutional legal interest to justify the restriction, the freedom of conscience realization should be a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution.

However, Article 15 (9) of the Establishment of homeland Reserve Forces Act was prepared to specify the duty of national defense of the most basic citizen, as in Article 88 (1) of the Military Service Act, and if such duty of military service is not fulfilled properly and the national security is not guaranteed, it is the dignity and value of the people as human beings.