The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The gist of the grounds for appeal is C believers who refuses to enlist in the military according to religious conscience, and there is a justifiable reason under Article 88(1) of the Military Service Act.

2. The summary of the facts charged is that the Defendant was determined to be eligible for enlistment in active service in Grade III at the Gyeonggi-si Military Affairs Branch Office located in the Government around September 2016, and on September 12, 2017, the Defendant did not comply with the call without justifiable grounds even though he directly received a written notice of enlistment at the Military Manpower Branch Office that he will enlist in active service from August 7, 2017 from the Defendant’s residence located in Macheon-si B.

3. The lower court found the Defendant guilty of the instant facts charged 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’s refusal to perform the duty of military service involving gathering arms and military training on the grounds of conscientious decision based on a religious, ethical, moral, philosophical, or similar motive formed. If conscientious objection is a 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 have a devout and firm belief.