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 selection of evidence and 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 reasons indicated in its reasoning, the court below acknowledged that the defendant detained the victims as criminal facts of the court of first instance, and judged that the police officers of this case arrested the defendants as flagrant offenders constituted legitimate execution of duties, and rejected the grounds for appeal on mistake of facts or misapprehension of legal principles.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, 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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on arrest of flagrant offenders, obstruction of performance of official duties

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