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(영문) 울산지방법원 2014.03.20 2014고정160
향토예비군설치법위반
Text

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.

Reasons

Punishment of the crime

The Defendant, who is a member of the homeland reserve forces, was a witness of the homeland reserve forces, and thought that performing military service or participating in military training is contrary to the doctrine of the religion above, had a mind to refuse to participate in the reserve forces training.

1. At around 19:00 on March 15, 2013, the Defendant was unable to participate in the exercise without justifiable grounds despite the receipt of a notice of a call-up for training in the name of the 1st unit commander of the 7508 military unit, which was conducted at the training site in Yangsan-si B apartment 101-702, from March 26, 2013 to March 29, 2013.

2. On March 25, 2013, the Defendant was unable to participate in the training without justifiable grounds despite the receipt of a notice of a call-up for training in the name of the 1st unit commander of the Army, which was conducted at the training site of Yangsan-si on March 25, 2013 (the 1st unit commander of the 7508 Army, which was conducted at the training site of Yangsan-si (the 9th unit training in 09).

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation (the sequence 1, 6 of the evidence list);

1. Accusation against the violator of Establishment of Homeland Reserve Forces;

1. Application of Acts and subordinate statutes confirming violations;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, and the selection of fines for the crimes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant asserts that the Defendant’s assertion on the provisional payment order under Article 334(1) of the Criminal Procedure Act constitutes “justifiable cause” under Article 15(9)1 of the Establishment of Homeland Reserve Forces Act.

The fundamental rights under the Constitution should be exercised within the scope that it enables people to live together with others within a community, and should be done within the scope that does not endanger other constitutional values and the legal order of the State. Thus, the freedom of conscience realization is ultimately a limitation of the exercise of all fundamental rights, including the freedom of conscience.

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