The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding, misunderstanding of legal principles) by itself, even though the materials submitted by the Defendant alone did not recognize that there exists “justifiable cause” under Article 88(1) of the Military Service Act, the lower court acquitted the Defendant of the instant facts charged on the grounds that the aforementioned “justifiable cause” existed, thereby adversely affecting the conclusion of the judgment by misapprehending

2. In light of the circumstances acknowledged by the record of this case, the lower court found the Defendant not guilty of the facts charged in this case to the effect 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 closely by comparing it with the records, the judgment of the court below is just, and it cannot be said that there was a mistake of mistake or misapprehension of legal principles as alleged by the prosecutor

Therefore, prosecutor's assertion is not accepted.

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