For the reasons indicated in its holding, the lower court determined that the Defendant’s refusal of enlistment in accordance with one’s conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act, for the following reasons: (a) a conscientious conscience, which is a moral moral conscience, and is unable to give up that conscience without giving up it, or to perform the duty of military service involving gathering arms or military training; or (b) it is difficult to recognize that the performance of the duty of military service is devout, firm, and sincere to the extent that

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 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.