The defendant shall be innocent.

The Defendant’s refusal to call for enlistment (legal scenarios and mistake of facts) is a refusal to serve in the military based on “ religious belief as B,” and thus constitutes a case where there exists “justifiable cause” under Article 88(1) of the Military Service Act.

Article 88(1) of the Military Service Act has been amended several times after the defendant refused to enlist, but there is no substantial change in the contents of the provisions before and after the amendment in relation to the issues of this case, so there is no special reason to go through the old law.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

The prosecutor (unfair punishment) of the lower court (six months of imprisonment and one year of suspended execution) is deemed to be too unhued and unfair.

The summary of the facts charged is that the defendant, who is a person to be enlisted in active duty service, was the defendant's residence on August 19, 2015, and on September 21, 2015, the defendant delivered a notice to enlistment in the Army Training Center in the name of the director of the Seoul Regional Military Manpower Office to the Army Training Center in his domicile on September 21, 2015, and did not enlist even after three

The lower court found the Defendant guilty of the instant facts charged on the ground that the refusal by the Defendant to enlist does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

In determining whether there exists “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, the purpose and function of the Military Service Act, the position in which the performance of the duty of military service has been carried out in the overall legal order including the Constitution, social reality and changing the times, etc. as well as the specific and individual circumstances of the defendant

Military service objection according to conscience and so-called conscientious objection are performing military service involving military training or arms on the grounds of conscientious decisions formed in religious, ethical, moral, and philosophical or similar motives.