The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is that the Defendant, as the believers of a religious organization B, refused to enlist in the army based on one’s conscience formed according to religious belief, and thus, there is “justifiable cause for refusing enlistment” under Article 88(1) of the Military Service Act.

2. Article 88(1) of the Military Service Act provides that a person who fails to comply with a notice of enlistment in active service or call-up in order to realize the duty of national defense shall be punished without justifiable grounds.

However, “justifiable cause” is an indefinite concept that ought to be individually determined by a judge in a specific case, to prevent unreasonable consequences that may arise from the strict application of positive law and to realize concrete feasibility.

The so-called conscientious objection refers to refusing to perform the duty of military service accompanied by military training or arms on the ground of conscientious decision formed in religious, ethical, moral, philosophical or similar motives.

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 have devout and firm belief, if they act differently according to circumstances in relation to such belief, such belief is difficult to be deemed to be true.

In specific cases of violation of the Military Service Act, the defendant raised conscientious objection.