Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

At around 17:40 on November 6, 2012, the Defendant, as a homeland reserve member, received respectively a notice of call-up in the name of the 2nd unit commander in the name of the 5312 unit of the Army, 5312, which was conducted at the Dogsan-gun District Training Site in the 19th century, which was conducted by the second unit of the 5312 unit in the Dogsan-gun, Dosan-gun, Dosan-gun on the 19th day of the same month, the 16th day of the 10-year East Coast Training, which was conducted at the above training site from the 20th day of the same month to the 21st day of the same month," which was conducted at the above training site on the 22th day of the same month.

However, the defendant did not receive the above training without justifiable grounds.

Summary of Evidence

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Application of Acts and subordinate statutes to each charge book, each commander's statement of criminal facts, each commander's written confirmation of each training call notice, and receipt of each training call notice;

1. Relevant provisions of the Acts and the choice of punishment for the crimes, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act;

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. Summary of the defendant's assertion

A. The Defendant, as a Jehovah’s Witness, was unable to participate in the training of each of the instant reserve forces according to a religious conscience. Such conscientious objection is an exercise of the right derived from the freedom of conscience under Article 18 of the International Covenant on Civil and Political Rights and Article 19 of the Constitution of the Republic of Korea.

Therefore, the Defendant does not constitute “a person who fails to undergo training without justifiable grounds” under Article 15(9)1 of the Establishment of Homeland Reserve Forces Act.