The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (legal scenarios) did not constitute justifiable grounds under Article 88(1) of the Military Service Act, but acquitted the defendant, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal principles.

2. The summary of the facts charged is the person subject to enlistment in active service.

On October 25, 2016, the Defendant: (a) around October 25, 2016, in the Defendant’s residence in Kim Jong-si B apartment C; and (b) up to November 14, 2016, in the 20th class of the Gyeonggi-gu Yangyang-gun Yangyang-si, the Defendant was not enlisted without justifiable grounds by not later than three days after receipt of the enlistment notice under the name of the mother of the director of the Incheon regional military manpower office; and (c) the Defendant did not

3. Determination

A. The lower court determined that the Defendant’s refusal to enlist in the military constitutes conscientious objection, and that the Defendant’s exercise of the right to conscientious objection constitutes “justifiable cause” under Article 88(1)1 of the Military Service Act and acquitted the Defendant on the ground that the lower court determined that the Defendant’s refusal to enlist in the military following the order of religious conscience is reasonable to deem that such refusal constitutes “justifiable cause” under Article 88(1)1 of the same Act.

B. The so-called conscientious objection and so-called conscientious objection pursuant to the relevant legal doctrine mean refusing to perform the duty of military service involving participation in arms or military training on the grounds of conscientious decisions based on religious ethical, moral, philosophical, or other similar motives formed.

Article 88 (1) of the Military Service Act shall be punished by imprisonment with prison labor for not more than three years for an act rejecting 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 national defense.