2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by the court below, the lower court’s determination that the Defendant’s refusal of military service constitutes “justifiable cause” under Article 88(1) of the Military Service Act, based on the Defendant’s genuine conscience that he cannot perform military service according to a religious doctrine, is justifiable.

Therefore, prosecutor's assertion is not accepted. A.

The Defendant, under the influence of the parents who are the believers of a D religious organization, participated in the assembly of D religious organizations from the time of birth to the post, and became a member of D religious organizations on January 3, 2009, when he was 14 years old.

B. From the time when the Defendant came to know of a D religious organization upon the invasion, the Defendant continued to have been living a religious life by attending regular and continuous assemblies for about 10 years, and engaging in war-do and volunteer activities, etc.

C. The Defendant was well aware that he was sentenced to imprisonment with prison labor for a year and six months, and that he was sentenced to imprisonment with prison labor for a period of about four years from the time he was prosecuted for the instant case to the time of the trial, and consistently expressed his intention to refuse military service on the ground of a religious belief, even though he was sentenced to imprisonment with prison labor for a period of up to four years from the time he was indicted for the instant case to the time of the trial.

In light of this, the defendant's conscience seems to be firmly established.

In the course of the growth of the defendant, the defendant is religious.