The judgment of the court below is reversed.

The accused shall publicly announce the summary of the judgment of innocence.

1. The summary of the facts charged is the believers of religious organizations B, who is subject to enlistment in active duty service.

On November 21, 2016, the Defendant received a written notice of enlistment in the name of the director of the regional military manpower office in Daegu-si Office to enlistment in the 50 company located in the Northern-si, Daegu-si, on December 27, 2016 from the Defendant’s office located in Seongbuk-gun, Gyeong-si, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds.

2. Judgment of the court below and a summary of the grounds for appeal

A. The lower court found the Defendant guilty of violating the Military Service Act on the ground that the Defendant’s refusal to enlist according to one’s religious conscience does not constitute justifiable grounds as provided by Article 88(1) of the same Act, and that the Defendant had intention to violate the Military Service Act, and sentenced the Defendant to one year and six months of imprisonment

B. The gist of the grounds for appeal is that the Defendant refused to enlist in active duty service according to a religious conscience, which is a believers of “B religious organization”, and this constitutes a case where there is a justifiable reason 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 lower court found the Defendant guilty of charges, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

3. The judgment of this Court

A. The so-called conscientious objection and so-called conscientious objection according to relevant legal doctrine and conscience refer to refusing to perform the duty of military service accompanied by gathering guns or military training on the grounds 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.

The existence of the State.