The lower court upheld the first instance judgment that acquitted the facts charged of this case on the grounds that there was no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle 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 Military Service

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