The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the charges of this case on the grounds that there is no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending 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 former Military Service Act (amended by Act No. 16852, Dec. 31, 2019).

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