병역법위반
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that the right to refuse military service is inherent in the freedom of conscience and religion as stipulated under Article 18 of the International Covenant on Civil and Political Rights and Articles 19 and 20 of the Constitution. As such, the refusal of military service based on the Defendant’s religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act. Moreover, the Defendant recognizes that the refusal of military service based on religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act and intends to perform alternative military service, and there is no intention to evade enlistment for the Defendant.
2. According to the reasoning of the judgment below, the court below held that the defendant's act does not constitute "justifiable cause" under Article 88 (1) of the Military Service Act. The above judgment of the court below is justified in accordance with the Supreme Court precedents, and the defendant's intent to evade enlistment is recognized. Thus, the above argument by the defendant is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.