For the reasons indicated in its holding, the lower court, on the grounds as indicated in its reasoning, does not constitute “justifiable cause” under Article 88(1) of the Military Service Act, since conscience that the Defendant is fluorily or strategic according to the dynamic and variable circumstances and thus, is not a genuine conscience as referred to in conscientious objection.

In view of the facts charged in this case, the first instance judgment convicting the Defendant of the facts charged was maintained as is.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “justifiable cause” under Article 88(1) of the Military Service Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.