병역법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal does not constitute cases where there is a justifiable reason as prescribed by Article 88 (1) of the Military Service Act if the defendant, as B, does not respond to the notification of convening a call according to his religious conscience;
Nevertheless, the lower court rendered a not-guilty verdict on the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant, at around September 1, 2017, at the Defendant’s office located in the G in the G in Sungsung-si, “to be enlisted in the army as the 25th Team of the Army until October 10, 2017” did not, without justifiable grounds, enlist by not later than three days after receiving a notice of enlistment in the name of the director of the regional military manpower office, in the name
B. On the grounds indicated in its reasoning, the lower court found the Defendant not guilty of the instant facts charged on the ground that the refusal of enlistment according to a religious conscience constituted justifiable cause under Article 88(1) of the Military Service Act.
C. The so-called conscientious objection according to the relevant legal doctrine 1 as to the trial of the political party refers to refusing to perform military service accompanied by military training or arms on the ground of conscientious decision formed in religious, ethical, moral, philosophical or other similar motives.
Article 88(1) of the Military Service Act provides that a person shall be punished by imprisonment with prison labor for not more than three years for refusal of enlistment in active service.
In the Constitution, there is no emphasis on the national security, the new duty of national defense, and the duty of national defense given to the people.
If there is no existence of the nation, the foundation of guaranteeing fundamental rights will collapse.
The duty of military service specified in the duty of national defense shall be faithfully performed, and the military administration shall also be fairly and strictly executed.
Inasmuch as the Constitution guarantees the freedom of conscience, such value should not be neglected.
Therefore, it is true.