The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal is that the Defendant, as the believers of D religious organizations, refused to enlist in the military according to that religious conscience, and there exists a justifiable reason under Article 88(1) of the Military Service Act, and the Defendant intended to perform alternative military service, and there is no intention to evade alternative military service.

2. When the defendant is notified of enlistment in active duty service or call-up as a person subject to enlistment in active duty service, he shall respond to the call-up within three days.

On September 27, 2017, the Defendant: (a) received a notice of enlistment in active duty service under the name of the director of the regional military manpower office prior to the date of enlistment on November 27, 2017 from November 27, 2017 to the Army Training Center located in Chungcheongnam-do, Jeollabuk-do; and (b) did not, without justifiable grounds, enlist within three days from November 27, 2017, which is the date of enlistment.

3. Determination

A. The lower court found the Defendant guilty of the instant facts charged on the ground that there exists no “justifiable cause” under Article 88(1) of the Military Service Act to refuse enlistment on the grounds of religious conscience.

B. The so-called conscientious objection according to the relevant legal doctrine 1 as to the trial of the political party refers to refusing to perform the duty of military service involving participation in military training or arms on the ground of conscientious decision formed in religious, ethical, philosophical or other similar motives.

Article 88 (1) of the Military Service Act shall be punished by imprisonment with prison labor for not more than three years for an act rejecting enlistment in active service.

In the Constitution, there is no emphasis on the national security, the new duty of national defense, and the duty of national defense given to the people.

If there is no existence of the nation, the foundation of guaranteeing fundamental rights will collapse.

The duty of military service specified in the duty of national defense shall be faithfully performed, and the military administration shall also be fairly and strictly executed.

The Constitution guarantees the freedom of conscience.