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 is that the defendant, as the believers of D religious organizations, refuses to enlist in the army according to his religious conscience, there is a justifiable reason under Article 88(1) of the Military Service Act.

2. On November 16, 2016, the Defendant: (a) received a written notice of enlistment in active duty service under the name of the head of the Gyeonggi-gu Military Manpower Branch Branch Office of Gyeonggi-do to enlistment from the Defendant’s dwelling place in Seoyang-gu B apartment C to December 27, 2016; and (b) did not enlist until December 30, 2016, for which three days have passed from 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 are devout and firm.