병역법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles) the Defendant refused to enlist in the military according to religious conscience as “C religious organization”. Since such right to refuse conscientious military service is guaranteed by Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights, the Defendant’s refusal to enlist in active duty service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.
2. The defendant asserts the same purport in the court below, and the court below rejected the above argument by stating in detail the decision on the defendant's argument in the column of "decision on the defendant's argument". In light of the records, the court below's decision is just and acceptable, and there is an error of law by misunderstanding the facts or misunderstanding the legal principles as alleged by the defendant.
Therefore, the defendant's mistake of facts or misapprehension of legal principles is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.