For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on “justifiable cause” under Article 88(1) of the former Military Service Act (amended by Act No. 16852, Dec. 13, 2019).

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