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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
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). On the grounds indicated in its reasoning, the lower court found the Defendant guilty of the facts charged on the ground that it acknowledged the fact that the Defendant participated in the assembly of this case, and that the Defendant’s act constitutes a crime of general traffic obstruction as prescribed in
The ground of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment 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 in its judgment by misapprehending the legal doctrine on the elements of the crime of interference with general traffic, intentional act, conspiracy, justifiable act, illegality of the performance of official duties, etc., and exceeding the bounds of the principle of free evaluation of evidence against logical
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.