The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant, as the believers of the E Religious Organization, refused to enlist in active duty according to one’s conscience formed on the basis of religious belief, and such conscientious objection constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

In addition, the defendant had no intention to evade military service because he had an intention to perform alternative service that does not go against one's conscience.

2. As to the so-called conscience objection, the Constitutional Court decided that Article 88(1) of the Military Service Act, which is a provision punishing evasion of enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2008HunGa22, Aug. 30, 201). The Supreme Court decided that conscientious objection according to conscience does not constitute “justifiable cause” as provided for exceptions to punishment under the above provision, and that, from the provision of Article 18 of the International Covenant on Civil and Political Rights to which the Republic of Korea is a member, the right to be exempted from the application of the above provision is not derived from the provision of Article 18 of the "Rules on Civil and Political Rights," and that even if the United Nations Commission on the Freedom of Civil Rights proposed a recommendation, this does not legally binding force even if the defendant did not voluntarily enlist in the military (see Supreme Court Decision 2004Do2965, Jul. 15, 2004). In light of the above decision of the Constitutional Court and the purport of the Supreme Court ruling, the defendant’s decision as above, where he does not have a religious belief.

Therefore, the lower court’s judgment that found the Defendant guilty of the facts charged of this case is justifiable, and it did not err by misapprehending the legal doctrine, thereby affecting the conclusion of judgment

3. The Defendant’s appeal is without merit and thus, Article 364(4) of the Criminal Procedure Act.