The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Defendant’s refusal of military service as a religious organization’s believers does not constitute justifiable cause under Article 88(1) of the Military Service Act.

Judgment

For the reasons indicated in its holding, the lower court acquitted the Defendant on the grounds that the Defendant’s refusal to enlist had justifiable grounds under Article 88(1) of the Military Service Act, and the evidence submitted by the Prosecutor alone cannot be deemed as having proved to the extent that there is no reasonable doubt.

According to the records, the above judgment of the court below is just, and there is no error in the misapprehension of legal principles as argued by the prosecutor.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.