The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant’s refusal of military service as a believers does not constitute justifiable cause under Article 88(1) of the Military Service Act, and the Defendant cannot be deemed to have refused military service according to his genuine conscience.

Judgment

For the reasons indicated in its holding, the lower court acquitted the Defendant on the grounds that the Defendant’s refusal to enlist had justifiable grounds under Article 88(1) of the Military Service Act, and the evidence submitted by the Prosecutor alone cannot be deemed as having proved to the extent that there is no reasonable doubt.

In light of the following circumstances revealed by the records, i.e., ① the Defendant was present at a regular meeting every week since he had come to B on May 2015, and had been appointed as a kind of regular H and service for a considerable period of time up to the present, and ② the Defendant received the enlistment notice and submitted to the Military Manpower Administration upon receipt of a written confirmation of the fact that he was “the expression of one’s own position to conscientious objection” and “B new” based on conscience based on the principle of aggression and v. Domination, the lower court’s aforementioned determination is justifiable, and there was no error of misunderstanding of facts or misunderstanding of legal principles as argued by the Prosecutor.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.