The appeal is dismissed.

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act), and the adoption of the application for evidence may not be conducted when the court deems it unnecessary at the discretion of the court (see, e.g., Supreme Court Decision 2003Do3282, Oct. 10, 2003). The lower court, on the grounds as stated in its reasoning, acknowledged that the first decision of the first instance to the effect that the Defendant’s assertion does not constitute a justifiable reason for escaping from the service of this case is justifiable, and rejected the Defendant’s application for witness to the J, and rejected the Defendant’s mistake and misapprehension of legal principles.

The grounds for the final appeal to the effect that the lower court’s determination is justified is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually belongs to the free judgment of the fact-finding court, and cannot be accepted.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on justifiable grounds for violating the Military Service Act, contrary to what is alleged in the grounds of appeal, by omitting judgment or failing to exhaust all necessary deliberations, contrary to logical and empirical rules, thereby infringing the citizens’ right to trial.

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