The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal is that the defendant, as the believers of religious organizations, refused to enlist in the army according to his religious conscience, and there are justifiable reasons under Article 88(1) of the Military Service Act.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. A person who has received a notice of enlistment in active duty service, enlistment, or call-up of the facts charged shall enlist or respond to a call within three days from the date of enlistment or call-up unless there is good cause;

Nevertheless, the Defendant, on October 13, 2016, received a written notice to enlistment in active duty service on November 14, 2016 from the YY B to the Army Training Center located in the city of Busan on November 14, 2016, but did not enlist without justifiable grounds within three days from the date of enlistment.

Accordingly, the defendant did not enlist within three days without good cause even after receiving the notice of enlistment in active duty service.

3. Determination

A. The lower court found the Defendant guilty of the instant facts charged on the ground that the refusal of enlistment on active duty based on a religious conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

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 provides that a person shall be punished by imprisonment with prison labor for not more than three years for refusal of 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.

Military service in which the obligation of national defense is specified shall be faithfully.