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(영문) 대법원 2020.02.13 2019도11809
병역법위반
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The court below upheld the judgment of the first instance court that acquitted the charged facts 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 exhaust all necessary deliberations, and did not err by exceeding 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 Military Service
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.