The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is “B” and the refusal of military service on the grounds of religious conscience does not constitute justifiable grounds under Article 88(1) of the Military Service Act.

Nevertheless, the court below rendered a not-guilty verdict on the charges of this case on different premise. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is “B” and is a person subject to enlistment in active duty service.

On September 19, 2016, the Defendant: (a) around 1:30 on September 19, 2016, in the residence of the Defendant located in Busan Nam-gu, Busan; and (b) her mother D through Do, “be enlisted in the Army Training Center located in Seosan-si, Busan-si by November 14, 2016” did not, without justifiable grounds, enlist by the date on which three days elapsed from the date of enlistment, upon receipt of the notice

B. The lower court rendered a not guilty verdict on the facts charged on the ground that “the Defendant’s refusal to enlist in the military according to a religious belief constitutes justifiable cause under Article 88(1) of the Military Service Act” was deemed to be “B and constitutes a religious belief

C. In determining whether there exists “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, not only the purpose and function of the Military Service Act, the position in which the performance of the duty of military service has been carried out in the overall legal order including the Constitution, the social reality and the change of the times, etc., but also the specific and individual circumstances of the Defendant’

Military service objection and so-called conscientious objection mean refusing to perform the duty of military service accompanied by military training or arms on the ground of conscientious decisions based on conscience established in religious, ethical, moral, philosophical or similar motives.

It is a fundamental right under the Constitution, including the freedom of conscience, to uniformly compel conscientious objectors to perform the duty of military service and punish conscientious objectors against their non-performance.