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 is a member of homeland reserve forces.

At around 14:45, April 16, 2013, the Defendant: (a) received a notice of call-up of training in the name of the second unit commander of 9585 unit in the name of the Army on April 29, 2013, which was conducted from the first unit C of the west-gu, Yan-gu, Yan-gu, Yan-si, 108 at the Defendant’s residence located in 108, for the second supplementary training on April 29, 2013; (b) six hours for the second supplementary training on May 2, 2013; (c) six hours for the second supplementary training on May 2, 2013; and (d) May 3, 2013; and (d) did not receive the second supplementary training on May 3, 2013, to attend six hours for the second supplementary training carried forward, under the name of the second unit commander of 9585 unit C.

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of crimes violating the Establishment of Homeland Reserve Forces, receipt of each notice of convening education and training courses, and application of Acts and subordinate statutes to the investigation report (verification of the contents of training);

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. 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, since the Defendant’s assertion on the suspended execution as to Article 62(1) of the Criminal Act (a favorable circumstance, such as the fact that it appears to have refused military service according to the religious conscience) was refused according to the religious conscience guaranteed by the Constitution.

However, the fundamental rights under the Constitution should be exercised within the scope that enables a common life with others within a community and does not endanger other constitutional values and the law and order of the State. As such, in a case where there exists a constitutional legal interest to justify the restriction, the freedom of conscience realization can be restricted by law pursuant to Article 37(2) of the Constitution.