The judgment of the court below is reversed.

The accused shall publicly announce the summary of the judgment of innocence.

1. The gist of the grounds for appeal is that there is a justifiable reason under Article 88(1) of the Military Service Act when the defendant, as B, refuses to enlist according to his religious conscience.

2. The summary of the facts charged is “B” as a person subject to enlistment in active duty service, and on July 21, 2017, the Defendant, at the Defendant’s residence located in Pakistan C apartment D on July 21, 2017, issued the notice of enlistment in active duty service under the name of the head of the Gyeonggi Northern Branch Military Manpower Branch Office, and did not enlist even three days after the date of enlistment without justifiable grounds.

3. The lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant’s refusal to enlist according to conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

4. Judgment of the court below

A. The relevant legal doctrine’s refusal to perform the duty of military service involving gathering arms and military training on the grounds of conscientious decision based on a religious, ethical, moral, philosophical, or similar motive formed. If conscientious objection is a genuine conscience, such refusal constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

The genuine conscience referred to in this article is devout, firm, and true.

The belief deep means that it is a depth of a person's inner sense and it affects all his thoughts and actions.

The whole of life, which is not a part of the life, must be under the influence of its belief.

The belief that it is firm means that it is not flexible or variable.

Although it is not necessarily a fixed change, the belief has a clear substance, and it should not be easily changed as it is.

It means that the belief that it is true is not false, but is neither compromise nor strategic depending on circumstances.

Even if the conscientious objectors have a devout and firm belief.