The appeal is dismissed.

The grounds of appeal are examined.

The conviction in a criminal trial shall be based on evidence with probative value sufficient to have a judge correct 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 its probative value based on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court against the part obstructing the execution of special duties among the facts charged in the instant case, the Defendant’s act constitutes violence against the execution of special duties, or constitutes an intentional act of assault.

On the grounds indicated in its reasoning, such as insufficient evidence to acknowledge this part of the facts charged, the judgment of the first instance court which found the Defendant guilty was reversed and acquitted.

The allegation in the grounds of appeal is the purport of disputing the above judgment of the court below. It is nothing more than denying the judgment of the court below which belongs to the free judgment of the fact-finding court or finding facts based on such judgment. In addition, even though examining the reasoning of the judgment below in light of the aforementioned legal principles and relevant legal principles and records, the judgment of the court below did not err by misapprehending the legal principles on assault of obstruction of special official duties or by exceeding the bounds of free evaluation of evidence, as alleged in the grounds of appeal

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