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 B, refuses to enlist in the military according to religious conscience, there is a justifiable reason under Article 88(1) of the Military Service Act.

2. On October 27, 2016, the Defendant received a written notice of enlistment in the name of the Gyeonggi Northern District Military Manpower Branch Office in the name of the Gyeonggi Northern District Military Manpower Branch Office on December 19, 2016 through the Defendant’s e-mail and did not enlist within three days from the date of enlistment.

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 objector has a devout and firm belief, it is in accordance with the situation in relation to that belief.