1. Examining the reasoning of the lower judgment on the grounds of the Defendant’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendant was guilty of this case’s facts charged (except for the portion without charge) on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation in violation

2. As to the grounds for the prosecutor’s final appeal, the facts acknowledged in the final judgment of another criminal case related thereto in a criminal trial shall constitute emuliating evidence, except in extenuating circumstances. However, it is difficult to adopt the final judgment of the relevant criminal case in light of other evidence submitted in the relevant criminal

If it is recognized, it may be rejected (see, e.g., Supreme Court Decision 2011Do15653, Jun. 14, 2012). Examining the reasoning of the lower judgment in light of the record, the lower court is justifiable to reverse the judgment of the first instance court that found the Defendant guilty of the charge of bribery of KRW 25 million, among the facts charged in the instant case, on the grounds stated in its reasoning, on the ground that there is no proof of crime. In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, thereby exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the principle of

Meanwhile, although the prosecutor appealed against the entire judgment of the court below, the prosecutor does not state the grounds of objection against the petition of appeal or the reasoning of appeal.

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