The defendant is not guilty. The summary of the judgment against the defendant shall be published.

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

2. Determination

A. The summary of the facts charged in the instant case is the person subject to enlistment in active duty service as B believers.

On November 17, 2015, the Defendant was sent a written notice of enlistment under the name of the director of the Seoul Regional Military Manpower Office to the 35 company located in the Seoul Mapo-gu Seoul building and the Defendant’s house located in subparagraph (D) on December 22, 2015, to the 35 company located in the Yecheon-ro of the Seoul Military Manpower Office on December 22, 2012, but did not, without justifiable grounds, enlist for the period of three

B. The so-called conscientious objection and so-called conscientious objection pursuant to the relevant legal doctrine refers to an act of refusing to perform the duty of military service involving participation in military training or arms on the grounds of conscientious decision formed in religious, ethical, moral, philosophical or other similar motives. If conscientious objection is based on genuine conscience, such refusal constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

The conscience referred to in conscientious objection shall be devout, firm, and sincere.

The belief deep means that it is a depth of a person's inner sense and it affects all his thoughts and actions.

The whole of life, which is not a part of the life, must be under the influence of its belief.

The belief that it is firm means that it is not flexible or variable.

Although it is not necessarily a fixed change, the belief has a clear substance, and it should not be easily changed as it is.

It means that the belief that it is true is not false, but is neither compromise nor strategic depending on circumstances.

2.