The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the Defendant of the facts charged of this case on the ground that there exist “justifiable cause” under Article 88(1) of the Military Service Act even though the materials submitted by the Defendant alone did not recognize that the Defendant had “justifiable cause” as to conscientious objection, thereby adversely affecting the conclusion of the judgment.

2. In light of the circumstances acknowledged by the record of this case, the lower court found the Defendant not guilty of the charges on the ground that the Defendant’s refusal to enlist was based on the genuine conscience formed by a religious faith and constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and the evidence submitted by the prosecutor alone cannot be deemed as proven without reasonable doubt that there was no justifiable reason for the Defendant’s refusal to enlist.

Examining the above judgment of the court below by comparing it with the records, the judgment of the court below is just, and contrary to the prosecutor’s assertion, the court below did not err by misapprehending the legal principles

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.