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 facts charged is the person subject to enlistment in active duty service.

Although the Defendant received a written notice of enlistment under the name of the director of the Daegu-do regional military manpower office to enlist in seven teams located in the Seocheon-gun, Gangwon-do on November 17, 2016 from the Defendant’s house located in the north-gu, Seocheon-si, Mapo-si, Mapo-si on December 20, 2016, the Defendant failed to enlist, on grounds of religious belief, by not later than three days after the date of enlistment without justifiable grounds.

2. Judgment of the court below and a summary of the grounds for appeal

A. The lower court found that the Defendant’s refusal to enlist in the army according to one’s religious conscience does not constitute justifiable grounds under Article 88(1) of the Military Service Act and sentenced the Defendant to one year and six months of imprisonment by deeming that the Defendant’s refusal to enlist in the army

B. The gist of the grounds for appeal is that the Defendant refused to enlist in active duty service according to a religious conscience, which is a believers of “D religious organization”, and this constitutes a case where there is a justifiable reason under Article 88(1) of the Military Service Act.

Since the defendant is unrelated to the military and intends to do private alternative military service that does not go against one's conscience, he has no intention to evade military service.

Nevertheless, the lower court found the Defendant guilty of charges, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

3. The judgment of this Court

A. The so-called conscientious objection and so-called conscientious objection according to relevant legal doctrine and conscience refer to refusing to perform the duty of military service accompanied by gathering guns or military training on the grounds of conscientious decision formed in religious, ethical, philosophical, or other similar motives.

Article 88(1) of the Military Service Act provides that a person who refuses enlistment in active service shall be punished by imprisonment for not more than three years.

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.

Unless the existence of the State exists, the foundation of guaranteeing fundamental rights is the foundation.