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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The Defendant’s argument in the grounds of appeal is the purport that the Defendant’s act was unlawful by finding erroneous facts in the lower court and by misapprehending the legal principles on the establishment of the crime, even if the Defendant’s act constitutes legitimate self-defense or legitimate act, as the Defendant’s act was not legitimate performance of official duties, and the Defendant’s act was not when he was committed, and even if he fell under B, it constitutes legitimate self-defense or legitimate act.
However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence
The judgment below
In light of the records, the court below cannot find out the grounds that the court below exceeded the limit of the principle of free evaluation of evidence, and there is no illegality in the misapprehension of legal principles as to the establishment of the above crime.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.