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The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
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). The court below determined that the facts charged in the judgment of the court of first instance are all recognized, and rejected the grounds for appeal for misconception of facts, the grounds for appeal for obstruction of performance of official duties and accusation.
The ground of appeal that such a determination by the lower court is erroneous is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment by the fact-finding court.
In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the relevant legal doctrine as indicated in the lower judgment, and the evidence duly admitted, the lower court 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 the assault, threat,
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.