The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The gist of the grounds for appeal is that the Defendant, as a believers of “B religious organization”, refuses to perform the duty of military service according to conscience, and there is justifiable reason 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.

2. Determination

A. The summary of the facts charged in the instant case is the trust of a religious organization B.

A person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, on May 16, 2014, the Defendant issued a written notice of enlistment under the name of the director of the Seoul regional military manpower office to the Army Training Center located in the Seodaemun-gu Seoul Metropolitan Office, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, from May 16, 201 to June 30, 2014, and failed to enlist without justifiable grounds even after the date of enlistment.

B. The so-called conscientious objection and so-called conscientious objection pursuant to the relevant legal doctrine refers to an act of refusing to perform the duty of military service involving participation in military training or arms on the grounds of conscientious decision formed in religious, ethical, moral, philosophical or other similar motives. If conscientious objection is based on genuine conscience, such refusal constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

The conscience referred to in conscientious objection shall be devout, firm, and sincere.

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 is false that the belief is true.