The prosecutor's appeal is dismissed.

1. As the court below did not sufficiently examine whether the defendant's refusal of military service was based on the genuine conscience and determined that there was "justifiable cause" in the defendant's refusal to train the reserve forces, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The Defendant is a member of the homeland reserve forces belonging to B, who is the summary of the instant facts charged.

On October 18, 2013, the Defendant received a notice of a call-up for training in the name of the third commander of the unit 5171 attached to the 5171 unit, which caused the second supplementary training (8H) conducted by the head of the Round-dong, Macheon-si, Macheon-si, the Defendant working for the Defendant, who is the Defendant, in Echeon-si, to be located in Echeon-si, to October 18, 2013, and participated in it without justifiable grounds.

On November 15, 2012, the Defendant, “2014 High 574,” visited the Internet sites of the Military Manpower Administration on November 15, 2012, and inspected the notice of training in the name of the third unit commander of the 5171 military unit, which caused the second supplementary training in the overall period of November 28, 2013, and did not undergo training without justifiable grounds.

1) On July 2, 2014, the Defendant is the Defendant’s residence (hereinafter “the Defendant’s residence”) in the building with the wife population E and the Defendant’s residence in the Fho Lake-si on July 2, 2014.

(2) On July 2, 2014, at the 10th day of the same month, the Defendant received a notice of a call-up for training under the name of the commander of the said unit, which was conducted in the third unit of the 5171 unit in the Army located in the 5171st day of the same month, and did not receive the said training without justifiable grounds, even though the Defendant received a notice of a call-up for training under the name of the commander of the said unit, which was conducted in the third unit of the 517th unit in the 517th day of the same month at the same place as the above 17th day of the same month. The Defendant did not undergo the said training without justifiable grounds even after receiving the notice of a call-up for training under the name of the commander of the said unit, which was conducted in the third unit of the 5171 unit in the 5171 unit in the 2014.