Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is a member of homeland reserve forces.

1. On February 16, 2013, the Defendant received a notice of convening the homeland reserve forces training under the name of the 3789 commander of the Army, which would result in training of the same US forces (second supplementary training) at the training site of the homeland reserve forces located in the family of the Defendant’s house located in Seongbuk-gu, Sungnam-gu 402 from March 6, 2013 to July 7, 2013, and did not undergo the above training without justifiable grounds.

2. On March 8, 2013, the Defendant received a notice of convening the homeland reserve forces training in the name of the 3789 father of the Army that he would undergo the homeland reserve forces training at the training site of the homeland reserve forces on March 8, 2013, and did not receive the said training without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act and the selection of fines for criminal facts;

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

1. Determination as to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse

1. The assertion;

A. Article 15(9) of the Establishment of Homeland Reserve Forces Act provides that “justifiable cause” under Article 15(9) of the same Act punishs a person who fails to undergo training without justifiable grounds. The Defendant, as a new witness, did not undergo each training according to a religious conscience guaranteed pursuant to Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights (ICCP) with the same effect as that of the domestic law. As such, there is justifiable reason for the Defendant not undergoing training.

B. As long as a conscientious objector clearly expresses his/her intent to conscientious objection to service of the reserve forces, such refusal is against the entire service period of the reserve forces, and the refusal after the first expressed his/her intention to refuse military service is a single act.