The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The gist of the grounds for appeal (misunderstanding of legal principles) is that the Defendant, as a female and his witness, refused enlistment according to that religious conscience and has justifiable grounds under Article 88(1) of the Military Service Act.

2. A person who has received a notice of enlistment in active duty service as a summary of the facts charged shall not enlist within three days from the date of enlistment without justifiable grounds;

Nevertheless, even though the Defendant received a notice of enlistment in active duty service in the name of the head of the Military Affairs Administration in the name of the head of the North Korean District Office on December 23, 2017, to the effect that it is personal e-mail (C) from around 102 Dong 401, the Defendant did not enlist for the period of three days after the date of enlistment without justifiable grounds.

3. Determination

A. The lower court’s judgment did not have “justifiable cause” as prescribed by Article 88(1) of the Military Service Act to the Defendant’s refusal to enlist in active duty service on the grounds of religious conscience.

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

B. The so-called conscientious objection and so-called conscientious objection pursuant to the relevant legal doctrine refer to refusing to perform military service accompanied by arms or military training on the ground of conscientious decision based on a religious ethical philosophical or similar motive formed.

Article 88 (1) of the Military Service Act shall be punished by imprisonment with prison labor for not more than three years for an act refusing 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.

The duty of military service specified in the duty of national defense shall be faithfully performed, and the military administration shall also be fairly and strictly executed.

The Constitution guarantees the freedom of conscience.

The above value should not be neglected.

Therefore, whether conscientious objection is permitted or not.