The defendant's appeal is dismissed.

The right to conscientious objection under Article 19 of the Constitution shall enjoy the freedom of conscience of all citizens.

Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member shall have the right to enjoy freedom of thought, conscience, and religion.

This right includes freedom to own or accept religious or faith chosen by itself, or freedom to express their religious or belief by way of worship, event, and missionary work, in public or private with others.

(Paragraph 1). No person shall be forced to infringe on the freedom to hold or accept any religion or belief he or she may choose.

(2) Freedom to express one’s religion or belief is subject to restrictions provided in law and provided that it is necessary to protect public safety, order, public health, morality or the fundamental rights and freedom of others.

(3) Since rights protected by paragraph (3)., the Defendant’s failure to respond to enlistment in active service by exercising his right to conscientious objection as a witness constitutes “justifiable cause” as provided for in Article 88(1) of the Military Service Act as an exception to punishment.

Nevertheless, the court below found the defendant guilty of failing to respond to enlistment in active service, and the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

However, the lower court also asserted the same purport, but the lower court found the Defendant guilty of the facts charged in this case by comprehensively taking account of the evidence duly admitted and examined, and rejected the Defendant’s allegation on the grounds of detailed reasons in the part of “the Defendant’s argument and the grounds for sentencing.”

Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and it is so decided.