The judgment of the court below is reversed.

The accused shall disclose the summary of the judgment of innocence.

1. The summary of the grounds for appeal (definite or misunderstanding of legal principles) is that the Defendant, as a believers of F Religious Organizations, refused to enlist in the army according to religious conscience, and there is a justifiable reason under Article 88(1) of

2. The summary of the facts charged is a person subject to enlistment in active duty service after being judged as Grade III of the draft physical.

No person who has received a notice of enlistment in active duty service shall be allowed to failed to enlist within three days from the date of enlistment without justifiable grounds.

Nevertheless, on November 4, 2016, the Defendant received a notice of enlistment in active duty service on December 26, 2016, from both countries B apartments and Defendant’s dwelling places in Yangju-si, and on December 26, 2016, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds.

3. The lower court found the Defendant guilty of the facts charged on the ground that the Defendant’s refusal of enlistment according to one’s religious conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

4. Judgment of the court below

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, the position in which the performance of the duty of military service is held by the overall legal order including the Constitution, social reality, and changing the times, as well as the specific and individual circumstances facing the Defendant should be considered.

Military service objection and so-called conscientious objection mean refusing to perform the duty of military service accompanied by military training or arms on the ground of conscientious decisions based on conscience established in religious, ethical, moral, philosophical or similar motives.

It is not reasonable to uniformly enforce the performance of military service to conscientious objectors and impose sanctions such as criminal punishment against their non-performance in light of the constitutional system of guaranteeing fundamental rights, including the freedom of conscience, and the overall legal order for the minority.