The appeal is dismissed.

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 court below rejected the grounds for appeal as to mistake of facts and misapprehension of legal principles on the ground that the defendant did not err by failing to notify the police officer of the principle when he arrests the defendant as an offender in the act of committing a crime.

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 err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the principle of presumption of innocence, requirements for establishing 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.