병역법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (legal scenarios) did not constitute justifiable grounds under Article 88(1) of the Military Service Act, but acquitted the defendant, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal principles.
2. The summary of the facts charged is that the Defendant is a person subject to enlistment in full time reserve service with the faith of religious organizations B.
On April 14, 2017, the Defendant did not immediately enlist in the Defendant’s house located in Jeonju-gun C apartment D, without justifiable grounds, by the date on which three days have elapsed from the date of enlistment, on the ground that he violated the doctrine of sexual intercourse taught by the Defendant in a religious organization B, a religion that the Defendant is a believers, and that he violated the doctrine of patience provided by the religious organization, which he is a believers, even though he received a notice of enlistment from 35 to May 16, 2017 from her mother, to 35 to her mother.
3. Determination
A. The lower court determined that the Defendant’s refusal to enlist in the military constitutes conscientious objection, and that the Defendant’s exercise of the right to conscientious objection constitutes “justifiable cause” under Article 88(1)1 of the Military Service Act and acquitted the Defendant on the ground that the lower court determined that the Defendant’s refusal to enlist in the military following the order of religious conscience is reasonable to deem that such refusal constitutes “justifiable cause” under Article 88(1)1 of the same Act.
B. The so-called conscientious objection and so-called conscientious objection pursuant to the relevant legal doctrine mean refusing to perform the duty of military service involving participation in arms or military training on the grounds of conscientious decisions based on religious ethical, moral, philosophical, or other similar motives formed.
Article 88 (1) of the Military Service Act shall be punished by imprisonment with prison labor for not more than three years for an act rejecting enlistment in active service.
In the Constitution, national security, the new obligation of national defense, and the obligation of national defense given to the people are not always emphasized.