The recognition of facts constituting a crime must be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection 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). For the reasons stated in its reasoning, the lower court rejected the Defendant’s allegation on the grounds of appeal as to the Defendant’s factual misunderstanding or misapprehension of legal principles, by recognizing (1) the fact-finding that the Defendant actively assaulted police officers according to the criminal intent of obstructing the performance of official duties, thereby obstructing the performance of official duties. (2) Recognizing the Defendant’s guilty of the injured criminal facts of the victim L, the lower court did not accept the Defendant’s allegation that the Defendant’s assertion that Article 21

The part on the grounds of appeal disputing the lower court’s factual recognition is merely an error of the lower court’s determination on the evidence selection and probative value, which is the legal basis of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on assault and intent to interfere with public service performance, legitimate defense, excessive defense, and legitimate act, as alleged in the

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