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.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant is a person subject to enlistment in active service and is a new religious organization (BB religious organization). On October 2, 2014, the Defendant received a notice of enlistment in active service under the name of the director of the Seoul Regional Military Manpower Office, stating that “to be enlisted in the 306 supplementary military service on November 4, 2014,” and that “to be enlisted in the 416 supplementary military service” in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, Seoul, 30 days

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 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, if they act differently according to the situation in relation to such belief, such belief is difficult to be considered to be true.