As to the facts charged in the instant case, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that it is difficult to view that the increase in the body of the Defendant was for the reduction of military service duty.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “the purpose of evading or evading military service duty” under Article

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