The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal is that the Defendant, as the believers of religious organizations B, refused to enlist in the army according to religious conscience and has justifiable grounds under Article 88(1) of the Military Service Act.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the finding of guilty of the facts charged of this case, thereby affecting the conclusion of the judgment.

2. The Defendant of the instant facts charged is a believers of “B religious organization”.

On November 16, 2015, the Defendant was a person subject to enlistment in active duty service, and was sent to the Seoul Central Military Manpower Office’s name to enlist in the army on December 35, 2015, and did not, without justifiable grounds, enlist within three days from the date of enlistment.

3. The lower court rejected the Defendant’s assertion that “the Defendant, as a believers of a religious organization, refused enlistment in active duty service in accordance with the order of conscience in accordance with the religious doctrine, and conscientious objection based on conscience is justifiable act consistent with the Constitution and international norms, and thus, does not constitute a crime of violating the Military Service Act,” and found the Defendant guilty of the facts charged in the instant case.

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.

It is not reasonable in light of the fundamental rights guarantee system and the overall legal order, including the freedom of conscience, to uniformly compel conscientious objectors to perform the duty of military service and impose sanctions such as criminal punishment against non-performance of the duty of military service, and also violates the spirit of free democracy such as tolerance and tolerance of the minority.

Therefore, if a genuine conscience is conscientious objection, such objection is “justifiable cause” under Article 88(1) of the Military Service Act.