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 preparation of evidence and the 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). For the reasons stated in its reasoning, the lower court determined that the Defendant was unable to perform duties of police officers as stated in the facts charged in the instant case, and that the police officer’s act constitutes legitimate performance of duties, and rejected the grounds for appeal as to mistake of facts or misapprehension of the legal doctrine.

The ground of appeal, which is erroneous in the judgment of the court below, is nothing more than that of the court below which actually belongs to the free judgment of the fact-finding court, or of the fact-finding based thereon. The grounds of appeal are examined in light of the aforementioned legal principles and the evidence duly admitted, and there is no error of law by exceeding the bounds of free evaluation of evidence.

In addition, in light of the reasoning of the judgment below, the grounds for appeal that the court below erred in violation of the principle of balance of punishment and the principle of accountability, are the grounds for appeal, and the above grounds for appeal are ultimately unfair.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of the punishment is unfair, including the above argument, is not a legitimate

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