The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the misunderstanding of legal principle) cannot be deemed to have justifiable grounds under Article 88(1) of the Military Service Act for the defendant.

Nevertheless, the judgment of the court below which acquitted the defendant on the contrary is erroneous and erroneous in the misapprehension of legal principles.

2. The lower court rendered a not-guilty verdict on the instant facts charged on the ground that the Defendant had “justifiable cause” under Article 88(1) of the Military Service Act.

In light of the following circumstances, which can be known through the evidence duly adopted and examined by the court below and the court below, i.e., the defendant participates in various religious assemblies and volunteer activities conducted by the two members from the time when he was married to the past, ii) the defendant did not have any past record of criminal punishment; iii) the defendant did not have any violent tendency opposite to religious belief during his entrance in elementary, middle, and high schools; 3) although the defendant had provided violent inclination games, it cannot be readily concluded that the defendant has such violent inclination in reality merely because he operated the above game due to the characteristics of the game based on the virtual world, not the reality. In light of the above circumstances, the judgment of the court below is just, and it cannot be said that the court below erred by misapprehending the legitimate cause or by misapprehending the legal principles, as argued by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.