The defendant's appeal is dismissed.

1. The decision of the court below that found the defendant guilty of the facts charged without escaping from the case where the defendant's refusal of enlistment according to a religious conscience constitutes a case where there is a justifiable reason under Article 88 (1) of the Military Service Act as a "D" believers, and thus, constitutes a violation of the above provision which affected the conclusion of the judgment

2. Determination

A. If conscientious objection is based on a genuine conscience under Article 88(1) of the Military Service Act, such conscientious objection constitutes “justifiable cause” under Article 88(1) of the same Act (see Supreme Court Decision 2016Do10912, Nov. 1, 2018). 2) Here, conscience as referred to in Article 88(1) of the same Act is devout, firm, and sincere.

The belief is deep that it is a depth of a person's inner sense and it affects all his thoughts and actions.

The whole of life, which is not a part of the life, must be under the influence of its belief.

The belief that it is firm means that it is not flexible or variable.

Although it is not necessarily a fixed change, the belief has a clear substance, and it should not be easily changed as it is.

It means that the belief that it is true is not false, nor is it compromise or strategic according to circumstances.

Even if the conscientious objectors have a de facto and firm belief, if they act differently according to circumstances in relation to such belief, such belief cannot be deemed to be true.

(Supreme Court Decision 2016Do10912 Decided November 1, 2018). As to the assertion of conscientious objection based on a religious belief 3, the specific doctrine of religion is different, whether such doctrine orders conscientious objection, and whether such religious doctrine actually orders conscientious objection, whether such religion recognizes the defendant as a religious belief, whether such religion recognizes the defendant as a religious belief and strictly complies with the general doctrine of religion, and whether the defendant asserts conscientious objection.