The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. The Defendant (a factual error) refused to enlist in the military according to conscience formed by a religious belief as the believers of “B religious organization,” which constitutes “justifiable cause for refusing enlistment” under Article 88(1) of the Military Service Act.

B. The prosecutor (unfair punishment)’s sentence (six months of imprisonment and one year of suspended sentence) imposed by the court below on the defendant is too uneased and unfair.

2. Determination

A. The summary of the facts charged is “B religious organization” and the Defendant, from June 2, 2016 to June 27, 2016, received a notice of enlistment in the military training center under the name of the director of the Seoul Regional Military Manpower Office to enlistment in the army training center located in Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-do, from June 27, 2016, but did not enlist in the above training center until June 30, 2016 on the ground of the doctrine of “B religious organization,” which is a religious person he beliefed.

Accordingly, the defendant did not enlist in the military without justifiable reasons for three days after the date of enlistment.

B. The lower court found the Defendant guilty of the instant facts charged on the ground that the refusal of enlistment by the Defendant does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

C. In determining whether there exists “justifiable cause” as prescribed by Article 88(1) of the Military Service Act regarding conscientious objection according to one’s conscience, not only the purpose and function of the Military Service Act, the position in which the performance of the duty of military service is carried out in the overall legal order including the Constitution, social reality, change in the times, etc., but also the specific and individual circumstances that the

Military service objection and so-called conscientious objection mean refusing to perform the duty of military service accompanied by military training or arms on the ground of conscientious decisions based on conscience established in religious, ethical, moral, philosophical or similar motives.

Military service is performed for conscientious objectors.