The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1 was not present at the reserve forces training according to religious conscience. As such, the Defendant did not attend the reserve forces training according to his religious conscience, there is “justifiable cause” under Article 15(9)1 of the Act on the Establishment of Local Reserve Forces for which the Defendant did not undergo the reserve forces training.

B) Since the failure to participate in the exercise of the reserve forces in the instant case is based on the same conscience decision as the failure to participate in the exercise of the reserve forces for which punishment was previously imposed, the judgment of acquittal or dismissal of public prosecution should be sentenced.

2) The punishment sentenced by the lower court to the Defendant (an amount of four million won) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unfasible and unfair.

2. Judgment on the misapprehension of the legal principle of the defendant

A. As to the first argument, the court below rejected the above argument in detail on the defendant's assertion and its decision under the title of "decision on the defendant's argument" in the judgment of the court below, with the same argument as above.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error in the misapprehension of legal principles as pointed out by the defendant.

Therefore, the defendant's above assertion is without merit.

B. Second, Article 13(1) of the Constitution of the Republic of Korea provides for “the principle of prohibition of double punishment”. This is to ensure the fundamental rights of the people, in particular, freedom of human body, by preventing the State from repeatedly exercising its penal authority against the same criminal act, as the judgment becomes final and conclusive once, and thus, the same case cannot be tried again.

However, the criminal act punished pursuant to the legal provision of the instant case is “an act of refusing training during the entire period of military service.”