All appeals are dismissed.

The grounds of appeal are examined.

The finding of guilt in a criminal trial shall be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, and if there is no such proof, even if there is doubt of guilt against the defendant (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Furthermore, 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 reversed the judgment of the court of first instance that found the defendant guilty of the facts charged, on the grounds stated in its reasoning, since it is difficult to view that the suppression of the defendant's conduct constitutes legitimate execution of public duties, and thus, it does not constitute a crime of interference with the execution of public duties by the police officer, such as smuggling, and found the defendant guilty of the facts charged.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the establishment of a crime of interference with the performance of official duties and the legality of the performance of duties by police officers, or by exceeding the bounds

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

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