The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court reversed the first instance judgment that found the Defendant guilty on the facts charged of this case, and sentenced the Defendant not guilty.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations in its judgment, 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.