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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The gist of the grounds for appeal is that the Defendant, as the believers of a religious organization, refuses to enlist according to his religious conscience, there is a justifiable reason under Article 88(1) of the Military Service Act.
2. On August 22, 2016, the gist of the facts charged was that the Defendant received a notice of enlistment in active duty service under the name of the branch office of Gyeonggi Northern Military Manpower Branch Office (hereinafter “the branch office of Gyeonggi Northern Military Manpower Branch”) stating that “the Defendant shall be enlisted in the Army Training Center located in the city of Busan on October 4, 2016,” from the Namyang City B apartment and the Defendant’s office of the Defendant, and that “the Defendant shall be enlisted in the Army Training Center
3. The lower court found the Defendant guilty of the facts charged in this case on the ground that the Defendant’s refusal to enlist according to conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.
4. Judgment of the court below
A. The relevant legal doctrine on conscientious objection refuses to perform military training and bearing arms on the ground of conscientious decisions based on conscience established in religious, ethical, moral, and philosophical motive or similar motive. If conscientious objection is based on genuine conscience, such refusal constitutes “justifiable cause” under Article 88(1) of the Military Service Act.
Here, conscience as referred to in this article is devout, firm, and true.
The belief deep means that it is a depth of a person's inner sense and it affects all his thoughts and actions.
The whole of life, which is not a part of the life, must be under the influence of its belief.
The belief that it is firm means that it is not flexible or variable.
Although it is not necessarily a fixed change, the belief has a clear substance, and it should not be easily changed as it is.
It means that the belief that it is true is not false, but is neither compromise nor strategic depending on circumstances.
Even if the conscientious objectors are in a devout and firm belief.