The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine on “justifiable cause” under Article 88(1) of the Military Service Act, which acquitted the Defendant.

B. The lower court erred by mistake of facts due to incomplete deliberation.

2. The lower court determined that the Defendant’s refusal of military service ought to be based on the conscientious decision that was formed based on the religious, internal values, and ethical judgment, and that the evidence submitted by the prosecutor alone is difficult to view that there was no justifiable reason under Article 88(1) of the Military Service Act, and that there was no other evidence to acknowledge the refusal.

In light of the records, a thorough examination of the judgment of the court below is just, and the court below seems to have been conducted after sufficiently reviewing whether there exists a justifiable reason under Article 88(1) of the Military Service Act.

The prosecutor's argument about this is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.