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 grounds for appeal is that the Defendant, as a female witness and a witness, refused to enlist in active service based on the freedom of conscience and religious belief guaranteed by the Constitution. Therefore, it is reasonable to deem that the Defendant’s refusal to enlist in the military exists “justifiable cause” to refuse to perform the duty of military service under Article 88(1) of the Military Service Act.

Nevertheless, the lower court erred by misapprehending the legal doctrine.

2. The summary of the facts charged is that the Defendant is a person subject to enlistment in active duty service and is a witness of women and a witness.

On January 10, 2018, the Defendant received a written notice of enlistment in active duty service under the name of the head of the Military Affairs Administration of North Korea to the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-do, and from February 19, 2018, the Defendant did not, without justifiable grounds, enlist within three days from the date of enlistment.

3. Determination

A. The lower court’s judgment did not have a “justifiable cause” under Article 88(1) of the Military Service Act if the Defendant refused to enlist in active service on the grounds of Article 19 of the Constitution and the International Covenant on Civil and Political Rights of the United Nations.

In view of the facts charged of this case, the charges of this case were convicted.

B. (1) The so-called conscientious objection according to the conscience of the relevant legal doctrine and the so-called conscientious objection refers to refusing to perform the duty of military service accompanied by arms or military training on the ground of conscientious decision formed in religious moral philosophy or other similar motives.

Article 88 (1) of the Military Service Act shall be punished by imprisonment with prison labor for not more than three years, with respect to refusal of enlistment in active service.

In the Constitution, the security of the state, the new duty of national defense, and the duty of national defense given to the people are not always emphasized.

If there is no existence of the nation, the foundation of guaranteeing fundamental rights will collapse.

Military service in which the obligation of national defense is specified shall be faithfully performed.