Nevertheless, the lower court erred by misapprehending the facts.

2. The lower court rendered a not-guilty verdict on the instant facts charged on the ground that the Defendant had “justifiable cause” under Article 88(1) of the Military Service Act.

In light of the following circumstances revealed through the evidence duly adopted and examined by the court below and the court below, namely, ① the defendant participates in various religious assemblies and volunteer activities conducted by the members of the C religious organization in the future from the time when he was cut to the time, ② the defendant did not have any past record of criminal punishment and did not seem to have violent tendency opposite to religious belief during his entrance at the elementary, middle, and high school, the judgment of the court below is just, and the evidence added to the court below (the result of the response to the order to submit documents to various Internet games companies) does not seem to have probative value to the extent that it can be reversed. Therefore, it cannot be deemed that the court below erred by misapprehending the facts 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, and it is so decided as per Disposition.