The judgment of the court below is reversed.

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

1. Progress of litigation;

A. The lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant’s refusal to enlist according to one’s religious conscience constitutes justifiable grounds under Article 88(1) of the Military Service Act and sentenced the Defendant to imprisonment for one year and six months.

B. The Defendant filed an appeal against the lower judgment on the grounds of misapprehending the legal doctrine, and the first instance court prior to remand also rendered a judgment dismissing the Defendant’s appeal on the grounds the same as the lower court rendered.

C. The Defendant filed an appeal against the judgment of the party before remanding. The Supreme Court reversed the judgment of the party prior to remand and remanded the instant case to the Panel Division of the Court on the grounds that “The lower court erred by misapprehending the legal doctrine on “justifiable cause” as stipulated in Article 88(1) of the Military Service Act, thereby failing to exhaust all necessary deliberations, thereby adversely affecting the conclusion of the judgment.”

2. The summary of the grounds for appeal is that the defendant, as B, refused to enlist in the military according to his religious conscience and has justifiable grounds under Article 88 (1) of the Military Service Act.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

3. The summary of the facts charged is B Shindok, and around 12:39 July 21, 2016, at the office of the defendant in the Dobong-gu Seoul building and the third floor, and the same year.

9.6. The enlistment notice from the father of the director of the Seoul Regional Military Manpower Office to the enlistment in the army in the 102 Supplementary service located in Chuncheon-si, the person did not enlist on the 9th day of the same month after three days from the date of enlistment without justifiable grounds.

4. Determination on the grounds for appeal

A. In determining whether there exists a “justifiable cause” under Article 88(1) of the Military Service Act, the purpose and function of the Military Service Act, and the performance of the duty of military service, including the Constitution, shall be the position of the entire legal order.