The judgment of the first instance shall be reversed.

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

1. The Defendant’s refusal to call for enlistment, such as the summary of the facts charged in the facts charged, is a refusal of military service based on “a religious belief as the believers of religious organizations” and thus, constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

Nevertheless, the judgment of the first instance court convicting the Defendant of the facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the judgment

2. The summary of the facts charged is that the Defendant, as a person subject to enlistment in active duty service on September 6, 2016, received a notice of enlistment in active duty service under the name of the director of the regional military manpower office of Gyeongnam-do, that “A person to be enlisted in the 6th group in the Army located in the Sinwon-gu, Suwon-gu, Suwon-si, Suwon-si, Gangwon-do, by October 17, 2016,” but did not enlist for more than three days from the date of enlistment.

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

4. Judgment of the court below

A. The so-called conscientious objection and so-called conscientious objection according to relevant legal doctrine and conscience refer to refusing to perform the duty of military service accompanied by gathering guns or military training on the grounds of conscientious decision formed in religious, ethical, philosophical, or other similar motives.

Article 88(1) of the Military Service Act provides that a person shall be punished by imprisonment with prison labor for not more than three years for refusal of enlistment in active service.

In the Constitution, there is no emphasis on the national security, the new duty of national defense, and the duty of national defense given to the people.

If there is no existence of the nation, the foundation of guaranteeing fundamental rights will collapse.

The duty of military service specified in the duty of national defense shall be faithfully performed, and the military administration shall also be fairly and strictly executed.

The Constitution guarantees the freedom of conscience.