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 (legal scenarios) is “B” and the defendant’s refusal to enlist in the military according to religious conscience constitutes a case where justifiable grounds exist under Article 88(1) of the Military Service Act.

Since the defendant is unrelated to the military and intends to do private alternative military service that does not go against one's conscience, he has no intention to evade military service.

Nevertheless, the court below erred by misapprehending the legal principles in finding guilty of the facts charged of this case.

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 duty service and is “B”.

Although the Defendant received a notice of enlistment from the Defendant’s mother D to the Army Training Center located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si on December 5, 2016 from the Defendant’s mother D on November 10, 2016, the Defendant did not, without justifiable grounds, enlist within three days from the date on which he received such notice.

Accordingly, the Defendant avoided enlistment.

B. The lower court found that conscientious objection does not constitute justifiable grounds as prescribed by Article 88(1) of the Military Service Act, and sentenced the Defendant to one year and six months of imprisonment, recognizing the Defendant guilty of the instant facts charged.

C. The so-called conscientious objection according to the conscience of the relevant legal doctrine 1 as to the trial of the political party refers to refusing to perform the duty of military service involving participation in military training or arms on the ground of conscientious decision formed in religious, ethical, philosophical or other similar motives.

Article 88(1) of the Military Service Act provides that a person who refuses enlistment in active service shall be punished by imprisonment for not more than three years.

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.

Military service in which the obligation of national defense is specified shall be faithfully performed.