The prosecutor's appeal is dismissed.

1. Although the summary of the grounds for appeal does not constitute “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, the judgment of the court below which acquitted the defendant on the ground that the defendant did not constitute “justifiable cause”, and there is a violation of the above provision affecting the conclusion

2. Determination

A. If conscientious objection is based on a genuine conscience under Article 88(1) of the Military Service Act, such conscientious objection constitutes “justifiable cause” under Article 88(1) of the same Act (see Supreme Court Decision 2016Do10912, Nov. 1, 2018). 2) Here, conscience as referred to in Article 88(1) of the same Act is devout, firm, and sincere.

The belief is deep 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, nor is it compromise or strategic according to circumstances.

Even if the conscientious objectors have a de facto and firm belief, if they act differently according to circumstances in relation to such belief, such belief cannot be deemed to be true.

(Supreme Court Decision 2016Do10912 Decided November 1, 2018). As to the assertion of conscientious objection based on a religious belief 3, the religious doctrine is specific, and the religious doctrine orders conscientious objection. Whether the religious doctrine actually orders conscientious objection; whether the religious doctrine refuses military service on the ground of conscience; whether the religion recognizes the Defendant as a religious belief; whether the Defendant is familiarly and thoroughly followed with the general public; and whether the Defendant asserts conscientious objection.