The appeal is dismissed.

The grounds of appeal are examined.

Article 89-2 Subparag. 1 of the Military Service Act provides that “Any person who deserts from his service or fails to serve in the relevant field for at least eight days in total without justifiable grounds shall be punished by imprisonment with prison labor for not more than three years,” and “justifiable cause” refers to a cause for justifying the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, etc., i.e., a cause for which

(1) In light of the aforementioned legal principles and the evidence duly admitted by the court below, the court below found the Defendant guilty of the instant facts charged on the ground that there is no justifiable reason for the Defendant to leave service for at least eight days on the grounds stated in its reasoning. In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence under Article 89-2 subparag. 1 of the Military Service Act, or by failing to exhaust all necessary deliberations.

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