The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The gist of the grounds for appeal (the factual error, the misapprehension of the legal principle) is that the defendant, as the believers of a religious organization, refuses enlistment according to religious conscience, there is a justifiable reason under Article 88(1) of the Military Service Act.

2. The summary of the facts charged is that the Defendant received a notice of enlistment in active duty service under the name of the head of the Gyeonggi Northern District Military Manpower Branch Office and the head of the Gyeonggi Northern District Military Manpower Branch Office from September 11, 2017 to October 11, 2017, but did not enlist for 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 of enlistment 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.