The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant's refusal to enlist in the military according to his religious conscience as the believers of a religious organization does not constitute a case where justifiable grounds as prescribed by Article 88 (1) of the Military Service Act exist

Nevertheless, the lower court rendered a not-guilty verdict on the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion

2. Determination

A. The summary of the facts charged in the instant case is a person subject to enlistment in active service.

On January 6, 2016, the Defendant directly received a written notice of enlistment in the active duty service under the name of the director of the Daegu North Korean Military Manpower Office, stating that “I will enlist in the Army Training Center located on February 15, 2016, 47, Jin-gu, Young-gun, Young-gun, Young-gun.”

Nevertheless, the defendant did not enlist in the military without justifiable grounds for three days after the date of enlistment on the ground that he was a religious organization faith.

B. On the grounds indicated in its reasoning, the lower court found the Defendant not guilty of the instant facts charged on the ground that the Defendant’s refusal to enlist according to a religious conscience constituted justifiable cause under Article 88(1) of the Military Service Act.

C. The so-called conscientious objection according to the relevant legal doctrine 1 as to the trial of the political party refers to refusing to perform military service accompanied by military training or arms on the ground of conscientious decision formed in religious, ethical, moral, philosophical or other similar motives.

Article 88(1) of the Military Service Act provides that a person shall be punished by imprisonment with prison labor for not more than three years for refusal of enlistment in active service.

In the Constitution, there is no emphasis on the national security, the new duty of national defense, and the duty of national defense given to the people.

If there is no existence of the nation, the foundation of guaranteeing fundamental rights will collapse.

The duty of military service specified in the duty of national defense shall be faithfully performed, and the military administration shall also be fair and strict.