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 the reasons indicated in its reasoning, the lower court determined that the Defendant assaulted a police officer as stated in the facts charged and interfered with the police officer’s performance of duties, and rejected the grounds for appeal for misconception of facts that asserted

The argument in the grounds of appeal is nothing more than a dispute over the choice of evidence and probative value of the court of fact-finding, 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 err by misapprehending the legal doctrine on the legality of arrest and performance of official duties, or by exceeding the bounds of the principle of free evaluation of evidence without exhaust all necessary deliberations

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