The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (fact-finding) is devout, firm, and not true, and further, it is difficult to view that the Defendant has an imminent and specific conscience based on such belief. The refusal of military service by the Defendant does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

Nevertheless, the court below judged the defendant not guilty of the facts charged in this case on the ground that the defendant was a person who committed a religious organization faith, on the ground that the defendant had justifiable grounds for refusing military service. In so doing, the court below erred by misapprehending the facts

2. In light of the records, we examine the evidence of this case in detail in light of the records, and consider the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, the court below's decision that the defendant's refusal to enlist in the military cannot be viewed as having proved without reasonable doubt that there is no justifiable reason under Article 88 (1) of the Military Service Act, and the court below's decision that the defendant was not guilty of the facts charged of this case is just and acceptable, and there is no error of law of misunderstanding of facts as argued by the prosecutor.

Therefore, prosecutor's assertion is without merit.

① The Defendant, under the influence of his parents who are the believers of a D religious organization, had been engaged in religious activities from the time of birth. On December 10, 2005, the Defendant was regularly subject to d religious organization faith, and has been working as a new member of D religious organization until now.

② At present, the Defendant is attending a religious organizationO on a regular basis, and continues to engage in religious activities, including volunteer activities.

③ The Defendant adopted and implemented a “D religious organization” as its main doctrine that the Defendant did not perform all activities related to wars, violence, etc., due to sexual invasion.