The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The gist of the grounds for appeal is that the Defendant, as the believers of D religious organizations, refused to enlist in the military according to one’s religious conscience, and the Defendant has “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. Determination on the grounds for appeal

A. The Defendant of the facts charged in the instant case was notified on August 4, 2016 by the mother of the Defendant, at the office of Namwon-si, through C, of enlistment in active duty service, and did not enlist in active duty service within three days from the date of enlistment without justifiable grounds, even though he did not have to be enlisted within three days from the date of enlistment without justifiable grounds.

B. The lower court found the Defendant guilty of the instant facts charged on the ground that the refusal of enlistment on active duty based on religious conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

C. Article 88(1) of the Military Service Act provides that “A person who receives a written notice of enlistment in active service fails to enlist within three days from the date of enlistment without justifiable grounds, shall be punished by imprisonment for not more than three years.”

See Dod, uniformly forcing conscientious objectors to perform military service and imposing sanctions such as criminal punishment against their nonperformance violates the spirit of free democracy, such as the guarantee of fundamental rights, including the freedom of conscience, and tolerance and tolerance of the minority.

Therefore, if a genuine conscience is conscientious objection, such objection constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

Fidelity fact that there is no justifiable reason is a constituent element of crime, and the prosecutor must prove it.

However, proving the absence of genuine conscience is not concrete in an unspecified period and space.