The judgment of the court below is reversed.

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

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

Nevertheless, the judgment of the court of first instance that found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or thereby affecting the conclusion of the judgment.

2. The summary of the facts charged is that the Defendant is a person subject to enlistment in active duty service, and the Defendant’s house located in the Defendant’s house located in Andyang-si on March 27, 2015.

5. On the 29th day of the same month in which three days have passed from the date of enlistment, the enlistment was not conducted without justifiable grounds, even though he received a notice of enlistment in active duty service under the name of the director of the regional military manpower office of Incheon and the Gyeonggi-do regional military manpower office, to enlistment in the army in the Army

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.