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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a member of the reserve forces, and around 09:30 on June 29, 2012, the defendant's house in Ulsan-gun C Apartment 101 Dong 405 on June 29, 201, and the same year.

7. Around 16.16. Before receiving a notice of a call-up for training under the name of the 7765 commander of the Army, which was conducted at the reserve forces training site in the same Gun (hereinafter referred to as “the 6th supplementary training”) in the year 2012, the training was not conducted without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written confirmation of violation;

1. A written statement of call-up notice;

1. Application of Acts and subordinate statutes concerning receipt of a training call notice;

1. Relevant Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act concerning criminal facts;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant had the right to conscientious objection derived from the freedom of conscience, and was unable to participate in the training of the said reserve force as an exercise of such right to conscientious objection, and thus, constitutes “justifiable cause” in the refusal of training.

2. “Justifiable reason” under Article 15(9)1 of the Establishment of Homeland Reserve Forces Act refers to a case where participation in training is impossible due to a natural disaster or any other similar situation or where there is an objectively difficult circumstance, and it does not include any subjective circumstance that makes it difficult for a person notified of training to participate in training, such as conscience or religion. Thus, the defendant’s assertion on this issue is rejected.

It is so decided as per Disposition for the above reasons.