Based on its stated reasoning, the lower court upheld the first instance judgment that acquitted the charged facts of this case on the grounds that there is no proof of crime.

Examining the record in accordance with the relevant legal doctrine, the lower court did not exhaust all necessary deliberations, but 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 Act.

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