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 that the Defendant, as the believers of D religious organizations, refused to enlist in the military according to conscience, and therefore, constitutes a case where there is a justifiable reason under Article 88(1) of the Military

Nevertheless, the lower court rendered a guilty judgment on the facts charged of this case. In so doing, it erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. On November 6, 2015, the Defendant received a notice of enlistment in active duty service from the director of the regional military manpower office having jurisdiction over the fact that “to be enlisted in the Army Training Center located in the Si/Gu/U.S. on December 14, 2015,” and did not enlist within three days from the date of enlistment without justifiable grounds, from the date of enlistment.

B. The lower court, on the grounds indicated in its reasoning, found the Defendant’s refusal to enlist according to his religious conscience does not constitute justifiable grounds under Article 88(1) of the Military Service Act, and found the Defendant guilty of the instant facts charged.

C. The so-called conscientious objection according to the relevant legal doctrine 1 as to the trial of the political party refers to refusing to perform military service accompanied by military training or arms on the ground of conscientious decision formed in religious, ethical, moral, 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.

Inasmuch as the Constitution guarantees the freedom of conscience, such value should not be neglected.

Therefore, conscientious objection.