The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding, misunderstanding of legal principles) by itself, even though the materials submitted by the Defendant alone did not recognize that there exists “justifiable cause” under Article 88(1) of the Military Service Act, the lower court acquitted the Defendant of the instant facts charged on the grounds that the aforementioned “justifiable cause” existed, thereby adversely affecting the conclusion of the judgment by misapprehending

2. In light of the circumstances stated in its holding, the lower court determined that the Defendant’s refusal to enlist was based on a genuine conscience formed by a religious belief and constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and that the evidence submitted by the prosecutor alone cannot be deemed as proven without reasonable doubt that there was no justifiable reason for the Defendant to refuse enlistment. In so determining, the lower court acquitted the Defendant.

Examining the evidence cited by the prosecutor in light of the records, the judgment of the court below is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.