The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant, although the defendant's refusal of military service according to the doctrine of the religious organization B cannot be deemed as a justifiable ground under Article 88 (1) of the Military Service Act, was erroneous by misapprehending the legal principles or erroneous by misapprehending the legal principles.

2. The summary of the facts charged is that the Defendant is a person subject to enlistment in active duty service and is a new religious organization.

On October 16, 2017, the Defendant: (a) on October 30, 2017, issued a notice of enlistment in the Army Training Center located in Chungcheongnam-si, Chungcheongnam-si; (b) on October 30, 2017, the Defendant, who was the Defendant’s residence, from E, to E, who was the birth of the Defendant; (c) on October 30, 2017, the Defendant did not enter the army without justifiable grounds until November 2, 2017, for which three days have passed from

3. Determination

A. The lower court determined that the Defendant’s refusal to enlist in active service was based on the conscientious decision that was a believers of religious organizations that could not perform his duty of military service according to religious doctrine, and that this constitutes justifiable cause under Article 88(1) of the Military Service Act, and thus acquitted the Defendant.

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, 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 fairly and strictly executed.