병역법위반
The prosecutor's appeal is dismissed.
1. Summary of the Reasons for Appeal: In light of the fact that the Defendant, while misunderstanding of facts and misunderstanding of legal principles, was a believers of a religious organization B, there was a fact that he actually made combat and scambling, and that the Defendant stated that he was far away from the doctrine on the ground that he was a high school student on his own when he was a high school student, the Defendant cannot be deemed to have refused military service according to his genuine conscience. Thus, the Defendant does not recognize “justifiable cause” under Article 88(1) of the Military Service Act.
2. On the grounds indicated in its reasoning, the lower court determined that the Defendant’s refusal to enlist in active service was justifiable under Article 88(1) of the Military Service Act and acquitted the Defendant on the ground that the conscience, as the believers of a religious organization, that the Defendant is unable to perform his duty of military service according to a religious doctrine, is recognized as conscientious objection based on a devout, firm, and sincere conscience.
Examining the above judgment of the court below after closely comparing it with the records, the judgment of the court below is just, and it is not recognized that there is an error of mistake of facts or misunderstanding of legal principles as alleged by the prosecutor
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.