The judgment of the court below is reversed.

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

1. The gist of the grounds for appeal is that the defendant, as E, refuses to enlist in the military according to his religious conscience and has justifiable grounds under Article 88(1) of the Military Service Act.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the finding of guilty of the facts charged of this case, thereby affecting the conclusion of the judgment.

2. The Defendant is a person subject to enlistment in active service.

The Defendant, at around 12:01 on October 30, 201, at the office of Kimhae-si, at the office of the Defendant, and at the office of the Defendant, “to perform enlistment in the active service before the Cheongnam-do, Cheongnam-do, by December 4, 2017,” did not, without justifiable grounds, enlist by the date three days after the date of enlistment, even though he received the notice of enlistment by the director of the regional military manpower office of the Gyeongnam-do, through Da, an external mother, from the date of enlistment.

3. The lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant’s refusal to enlist according to one’s conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

4. Judgment of the appellate court

A. The relevant legal doctrine on conscientious objection refuses to perform military training and bearing arms on the ground of conscientious decisions based on conscience established in religious, ethical, moral, and philosophical motive or similar motive. If conscientious objection is based on genuine conscience, such refusal constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

Here, conscience as referred to in this article is devout, firm, and true.

The belief deep means 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 required to be a fixed change, the belief has a clear substance.